TMC Rajya Sabha MP Derek O’Brien | Photo credit: The Hindu
Two days after 193 opposition MPs moved a notice in both houses of Parliament to remove Chief Election Commissioner (CEC) Gyanesh Kumar, Trinamool Congress (TMC) Rajya Sabha leader Derek O’Brien said if the notice was not accepted, it would raise doubts about the “tacit understanding” between the CEC and the executive.
His remarks came on a day when Mr Kumar reiterated the need for a special intensive review (SIR) of electoral rolls and described “clean electoral rolls” as the “foundation of any democracy”.
Mr O’Brien argued that the opposition announcement was perfectly fine. “If this notification is not taken up by the Union government, there will be doubts about the tacit understanding between the executive and the CEC,” he said.
The opposition’s 10-page notice makes seven allegations against Mr Kumar, ranging from “partisan and discriminatory conduct in office” to “deliberate obstruction of the investigation into electoral fraud” and “mass disenfranchisement”. Opposition parties have repeatedly accused the CEC of aiding the ruling Bharatiya Janata Party (BJP), especially during the ongoing SIR process, which they say is being used to benefit the ruling party.
According to the rules, the presiding officers of the Lok Sabha and the Rajya Sabha must jointly form a committee to investigate the complaint. After the inquiry is completed, the committee shall submit its report to the Speaker or Speaker, who is required to submit it to the respective Houses. If the committee finds merit in the allegation, the motion to appeal is taken up for discussion and deliberation.
For the motion to pass, the removal must be supported by at least two-thirds of the members “present and voting” in both chambers, and the votes in favor must also be more than 50% of the total number of members in each chamber. Once the proposal is passed by a special majority by both houses, it is sent to the President of India.
Published – 15 March 2026 19:48 IST
