New Delhi, March 13 (NationPress) In light of ongoing discussions regarding the potential removal of Chief Election Commissioner (CEC) Gyanesh Kumar, Trinamool Congress MP Saugata Roy announced on Friday that formal notices have been lodged in both the Lok Sabha and Rajya Sabha, affirming that these actions align with legal standards.

Roy elaborated that the subsequent phase will involve establishing a committee to investigate the situation.

Addressing the media at the Parliament premises, Roy emphasized that the steps taken against the CEC adhere to constitutional guidelines and established legal frameworks.

“The committee will be created in accordance with the law. What do we hope for? Our notice has been filed legally, and a committee should be formed. The primary accusation is that he has disenfranchised voters, with numerous names expunged from the electoral rolls. This is entirely incorrect. Additionally, many Booth Level Officers (BLOs) have tragically lost their lives,” Roy stated.

The Trinamool Congress representative further clarified the constitutional protocol for the dismissal of the Chief Election Commissioner.

“Under the Constitution, the process for removing the CEC mirrors that of dismissing a Supreme Court judge. To initiate this, at least 100 Lok Sabha MPs and 50 Rajya Sabha MPs must endorse the notice. Once the signatures are collected, the Speaker will review them. According to the Judges (Inquiry) Act of 1968, if everything checks out, a three-member committee will be formed,” Roy explained.

He mentioned that the committee will determine the next steps.

“They will establish whether discussions will take place or not. Thus, the process has commenced today,” he remarked.

Meanwhile, reports from NDTV indicate that a total of 130 Lok Sabha MPs and 63 Rajya Sabha MPs have endorsed the notice seeking the removal of CEC Gyanesh Kumar.

Concerns have also been raised regarding the Special Intensive Revision (SIR) initiative in West Bengal, with Trinamool Congress leader and West Bengal Chief Minister Mamata Banerjee accusing the Election Commission of eliminating the names of valid voters from the electoral register.

Per the constitutional framework, the removal of the Chief Election Commissioner is a multifaceted process that can only occur if proven misbehavior or incapacity is established. The procedure is akin to that of a Supreme Court or High Court judge's removal.

Article 324(5) of the Constitution specifies that the Chief Election Commissioner cannot be removed from office except in the same manner, and on the same grounds, as a Supreme Court judge. It also states that the conditions of service of the CEC cannot be changed to his detriment post-appointment.

A motion for removal can be proposed in either House of Parliament. However, it must receive a special majority, which entails a majority of the total membership of the House along with a two-thirds majority of those present and voting.

According to the legislation governing the appointment of the Chief Election Commissioner and Election Commissioners, the CEC is afforded protections similar to those of a Supreme Court judge. Other Election Commissioners, however, can only be removed on the recommendation of the Chief Election Commissioner.

The Judges (Inquiry) Act of 1968 outlines the exact procedure to be followed once such a notice is served. If the notice is filed simultaneously in both Houses, no committee will be constituted unless the motion is accepted in both Houses.

Once the motion is approved, a committee will be jointly established by the Lok Sabha Speaker and the Rajya Sabha Chairman.

This committee will include the Chief Justice of India (CJI) or a Supreme Court judge, the Chief Justice of one of the High Courts, and a respected jurist.

The committee's proceedings will mimic court proceedings, allowing for the examination and cross-examination of witnesses. The Chief Election Commissioner will also have the opportunity to defend himself before the committee.

After the committee concludes its inquiry, it will present its findings to Parliament, followed by discussions on the removal motion.

For the removal to become effective, the motion must be approved by both Houses of Parliament with the requisite special majority.

During the parliamentary debate, the CEC will also retain the right to defend himself before the House.

Earlier this week, a no-confidence motion by the opposition against Lok Sabha Speaker Om Birla was dismissed in the House. On Thursday, Birla resumed his responsibilities as Speaker, asserting that he has always acted impartially.

Birla emphasized that he has consistently endeavored to ensure that every Member of Parliament has the opportunity to voice their opinions in the Lok Sabha. He further stated that while the Leader of Opposition has a significant role, he is not “above the House,” a remark interpreted as directed at Rahul Gandhi.