Around 130 members of the Lok Sabha and 63 members of the Rajya Sabha have signed a notice requesting the removal of Chief Election Commissioner Gyanesh Kumar, according to sources on Thursday. Sources indicated that the notice may be presented in one of the two Houses of Parliament on Friday, although it remains uncertain which House will introduce it first.

An opposition leader stated that MPs showed strong interest in supporting the move. Many lawmakers continued to sign the notice on Thursday even after the required number of signatures had already been reached. As per parliamentary rules, at least 100 MPs in the Lok Sabha must sign a notice to initiate proceedings for the removal of the Chief Election Commissioner, while the Rajya Sabha requires a minimum of 50 signatures. The notice has reportedly been supported by MPs from all parties in the INDIA bloc, including members of the AAP, even though the party is no longer formally part of the alliance. This marks the first instance in which a notice has been introduced seeking the removal of a Chief Election Commissioner.

Sources also said that the notice outlines seven allegations against Kumar. These include accusations such as biased and discriminatory behaviour in office, intentionally obstructing investigations into electoral fraud, and contributing to large scale voter disenfranchisement. Opposition parties have alleged that Kumar has favoured the ruling BJP on several occasions, particularly during the ongoing Special Intensive Revision of electoral rolls, which they claim is intended to benefit the party at the national level.

Concerns have been especially raised regarding the voter roll revision in West Bengal. Trinamool Congress leader and Chief Minister Mamata Banerjee has accused the Election Commission of removing genuine voters from the electoral list. The procedure to remove the Chief Election Commissioner is similar to the process used for removing a judge of the Supreme Court or a High Court. An impeachment can only take place on the grounds of proven misconduct or incapacity.

Article 324 of the Constitution states that the CEC cannot be removed from office except through the same procedure and grounds applied to Supreme Court judges. It also specifies that the service conditions of the CEC cannot be altered to his disadvantage after appointment. A motion seeking removal can be introduced in either House of Parliament. For it to pass, it must receive a special majority, meaning a majority of the total membership of the House as well as support from two thirds of the members present and voting.

Under the law governing the appointment of the CEC and election commissioners, the Chief Election Commissioner can only be removed through the same process as a Supreme Court judge. Other election commissioners, however, can only be removed based on the recommendation of the CEC. According to the Judges Inquiry Act of 1968, if notices are submitted in both Houses on the same day, a committee will not be formed unless the motion is admitted in both Houses.

Once admitted, the Lok Sabha Speaker and the Rajya Sabha Chairman will jointly set up an inquiry committee. This committee will include the Chief Justice of India or another Supreme Court judge, the Chief Justice of one of the High Courts, and a distinguished jurist. The committee proceedings will function similarly to court hearings, where witnesses and the accused can be examined and cross examined. The Chief Election Commissioner will also have the opportunity to present his defence before the committee.

After completing its inquiry, the committee will submit its report, which will be presented in Parliament. The Houses will then begin discussions on the impeachment motion. For the removal to take effect, the motion must be approved by both Houses of Parliament. During the debate, Kumar will also be allowed to defend himself in the House chamber.