Opposition questions rejection of notices seeking removal of CEC

NEW DELHI: Criticising the rejection of the opposition’s notices for moving a motion seeking removal of Chief Election Commissioner Gyanesh Kumar by both the Lok Sabha Speaker and Rajya Sabha Chairman, Senior Congress leader Abhishek Manu Singhvi on Wednesday alleged that the move to reject the notice at the first step itself amounted to "strangulating" the impeachment mechanism envisaged in the Constitution.

He was addressing a press conference where opposition parties who were signatories to the notice came together to register their objection. Trinamool Congress (TMC) leaders Derek O'Brien and Sagarika Ghose, Rashtriya Janata Dal's (RJD) Manoj Jha, Aam Aadmi Party's (AAP) Sandeep Pathak, DMK's Yogesh and NCP-SP's Rajeev Jha were present at the press conference. To highlight that all opposition parties were united over the issue, O’ Brien also read out the names of other parties including SP, Shiv Sena (UBT) and Left that had signed the notice.




When asked what would be the opposition’s strategy going forward, Singhvi said, “whatever is permissible within the contours of law and Constitution we will do and this will not be allowed to be resting the way it has been dealt with.” However, refused to speak on what would be the next step and when.

Contending that the presiding officer exceeded the scope of a “prima-facie” assessment by delving into the merits of the allegations, Singhvi cited the RS Chairman’s order for example to highlight that he has responded to each charge levelled by the opposition and given his opinion which amounted to a conducting what he referred to a “mini trial”.

“We are here today because “when accountability is adjourned indefinitely” then “democracy itself stands impeached” and that is our concern....,” Singhvi said.

“If truth on the side of CEC or EC is so strong then why fear scrutiny? If the system is so clear then why do the majority party and all those other supporters try and bury the motion,” he asked. Noting that this is a "a very serious matter" and the decision casts "a shadow on the glory of Parliament" and raises concerns about the ruling BJP’s willingness to allow a scrutiny of the EC.

Dwelling on the Constitutional and legal position, the Congress leader alleged that there are many fundamental errors in the orders of Presiding officers of both Houses of Parliament. He also said that the presiding officer’s order is “significantly silent on any consultation”.

“You have forgotten that our framers far wiser than us created a procedure which was an adjudicatory process followed by a political process - both corrective. And you have substituted it by telescoping it into the opinion of one person - the presiding officer of each house. That is completely antithetical to the architecture that was postulated by our framers and founders with regards to impeachment,” he said.

Noting that the impeachment is a six stage process but the problem with the orders of the Presiding officers is that it ends everything at the first stage itself.

He maintained that the Constitution provides for a detailed procedure involving an initial admission, the formation of a judicial committee, framing of charges, the submission of a report, parliamentary discussion and finally, a decision.

He further alleged that specific charges raised by the opposition, including those related to alleged electoral irregularities and delays in complying with judicial directions, were not adequately addressed in the rejection order.