The Trinamool Congress (TMC) on Friday moved an impeachment motion
against Chief Election Commissioner (CEC) Gyanesh Kumar in both Houses
of Parliament, accusing him of acting in favour of the ruling
Bharatiya Janata Party (BJP) on multiple occasions.
Coming as it does amid the ongoing Special Intensive Revision (SIR) of
electoral rolls in West Bengal, ahead of crucial assembly elections in
the state, the motion, though initiated by the TMC in West Bengal, has
support from the broader Opposition INDIA bloc, including the
Congress, the Samajwadi Party, the DMK, Sharad Pawar’s NCP, and the
Aam Aadmi Party (AAP), even though the party considers itself outside
the alliance.
This is the first time an impeachment motion has been brought against
a sitting CEC. Around 130 Lok Sabha MPs and 63 Rajya Sabha members
have signed the notice, citing seven primary charges. These include
allegations of “partisan and discriminatory conduct in office in favor
of the ruling party,” “deliberate obstruction of investigations into
electoral fraud,” and “mass disenfranchisement,” particularly during
the SIR in West Bengal. The motion broadly accuses Kumar of lowering
the dignity of the constitutional office by succumbing to political
influence.
Opposition parties have long been criticising Kumar’s handling of the
SIR, including in electoral roll revisions in Bihar ahead of the
November 2025 assembly elections and in other poll-bound states. TMC
supremo Mamata Banerjee, too, repeatedly accused the Election
Commission of deleting genuine voters from the rolls and working to
favour the saffron party. Trinamool MP Kalyan Banerjee said the
decision to initiate the impeachment motion was taken by Banerjee
herself.
Under Article 324(5) of the Constitution, the procedure to remove a
CEC is similar to the one for the impeachment of a Supreme Court or
high court judge. The motion must be signed by at least 100 Lok Sabha
members or 50 Rajya Sabha members.
If admitted, a joint parliamentary committee is formed, consisting of
the Chief Justice of India (CJI) or another Supreme Court judge, a
chief justice of a high court, and a “distinguished jurist.” The CEC
will have the opportunity to present a defense before the panel,
officials say. Following the committee’s report, both Houses will
debate the motion, and if passed, it is forwarded to the President of
India for final approval.
Basically, impeachment requires misbehaviour or incapacity that has
been proven and it also must pass by a special majority—over half the
total membership of both the Houses and two-thirds of members present
and voting
In other words, it is a long, complicated process.
Plus, the opposition also lacks the numbers if it comes to the voting stage.
However, the motion is an attempt to send a broader political message
ahead of the assembly elections, and corner the BJP by holding the ECI
responsible. “Kumar has been acting at the behest of the ruling BJP.
It is only after challenging the SIR politically and legally that we
have now raised the issue in Parliament,” opposition leaders say.
Besides, as in the case of the no-confidence motion against Lok Sabha
Speaker Om Birla, this issue, too, has brought the opposition together
on a common platform.
The ruling BJP, meanwhile, has strongly condemned the impeachment
attempt, accusing the opposition of politicising a constitutional
office.