Oppn allegations relevant for political debate, but not for CEC removal proceedings: RS chairman

NEW DELHI: In the order rejecting the opposition’s notice to move a motion seeking removal of Chief Election Commissioner Gyanesh Kumar, Rajya Sabha Chairman C P Radhakrishnan has said that while the allegations are “relevant for political debate, they do not prima facie meet the high constitutional bar for removal proceedings”.

The RS Chairman found that the allegations “lack proofs necessary to constitute misbehaviour which establishes a prima facie case for removal of CEC.





“The notice does not demonstrate "misbehaviour" as envisaged by Articles 324(5) and 124(4) of the Constitution. Therefore, the prima-facie requirements for admitting this notice of Motion under the Judges (Inquiry) Act, 1968, have not been met,” Radhakrishnan added.

The Chairman also cited the Supreme Court’s observations that “the founding fathers of the Constitution advisedly adopted cumbersome process of impeachment as a mode to remove a Judge from office for only proved misbehaviour or incapacity which implies that impeachment process is not available for minor abrasive behaviour of a Judge.”

He further emphasised that the Constitution entrusts Parliament with an extraordinary power to initiate proceedings for removal of a person holding a high constitutional office.

The notices submitted on March 12 to Rajya Sabha Chairman and Lok Sabha Speaker om Birla by opposition members seeking removal of Kumar as CEC, were rejected on Monday.

In the order, Radhakrishnan gave a rebuttal to the opposition's 7 charges against Kumar

On the charge that the appointment of the CEC was “compromised and tainted as the constitutional validity of the selection process for his appointment” provided under the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 is itself under challenge and pending consideration before the Supreme Court, Radhakrishnan noted that “these allegations, even if presumed to be factually correct, do not amount to any act of misbehavior attributable to the CEC.

With regards to a statement allegedly made by CEC during a press briefing concerning allegations of irregularities in preparation of electoral rolls, the RS Chairman said that the allegations on their face do not appear to be falling within the meaning of 'misbehaviour' for seeking removal of the CEC.

On the charge about “deliberate obstruction on investigation into electoral fraud”, the chairman said “it is evident that the issue concerning disclosure of electoral data in machine-readable format was considered by the Supreme Court, and the Election Commission had acted in due compliance with the directions issued therein.”

As for the timing of the Special Intensive Revision (SIR) in Bihar and exclusion of a large number of voters, Radhakrishnan said “it would be wholly inappropriate to treat issues currently under active judicial consideration as constituting evidence of misbehaviour” on the part of the CEC.

On the charges related to the nationwide expansion of SIR and purported political consequences of such action, the RS Chairman said, the impugned assertions, being inherently speculative and conjectural, do not, prima facie, meet the threshold required to establish “misbehaviour”.

Responding to the opposition’s allegations about contempt and non-compliance with the Supreme Court’s directions, the Chairman said, “any alleged deviation from such directions is appropriately addressed through the Court’s established contempt jurisdiction.”

The opposition also alleged a failure on the part of the EC to maintain independence and constitutional fidelity following the appointment of Kumar as CEC. “In the absence of concrete particulars or substantiated evidence demonstrating deviation from constitutional or statutory obligations, such assertions fail in the test of prima facie instance of “misbehaviour”,” the RS Chairman stated.

Meanwhile, TMC's Derek O'Brien said opposition parties are in touch over the rejection of the notices and will put forth their point of view in day or two.