The Trinamool Congress (TMC) and other Opposition parties are preparing to move an impeachment motion against Chief Election Commissioner (CEC) Gyanesh Kumar, claiming they have gathered enough MPs’ signatures to initiate the process in Parliament.
TMC MP Mahua Moitra said the Opposition has already secured the required support. “Required numbers have been signed. I think we are giving it today. The required numbers we have got, I think 193, think 120 something from the Lok Sabha and the remainder from the Rajya Sabha. So we have got more than enough numbers,” she said.
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The move comes as Opposition parties escalate their confrontation with the Election Commission, alleging bias and raising questions about its functioning ahead of crucial elections.
What numbers are required to start an impeachment motion?
Under parliamentary rules, a motion seeking the removal of the Chief Election Commissioner can be introduced only if it is backed by a minimum number of MPs.
At least 100 members in the Lok Sabha or 50 members in the Rajya Sabha must sign the notice for the motion to be formally considered.
According to sources in the Trinamool Congress, 128 Opposition MPs from the Lok Sabha and 63 from the Rajya Sabha have already signed the notice seeking Kumar’s removal.
Explained
What numbers are needed to remove the Chief Election Commissioner?
- To move the motion: At least 100 MPs in Lok Sabha or 50 MPs in Rajya Sabha must sign the notice.
- To pass the motion: Both Houses must approve it with a special majority.
- Special majority rule: More than 50% of the total membership of the House AND two-thirds of MPs present and voting must support it.
- Final step: Once both Houses pass the motion, it is sent to the President of India for removal.
If submitted, the motion would trigger the same procedure used for removing a Supreme Court judge, as laid down under Article 324(5) of the Constitution.
For the motion to succeed, it must be approved in both the Lok Sabha and the Rajya Sabha by a special majority. This means at least two-thirds of the members present and voting must support it, and the votes in favour must also exceed half of the total strength of the House. Once both Houses pass the motion with this majority, it is forwarded to the President of India for final action.
The magic numbers
What it takes to remove the Chief Election Commissioner
| House |
Total strength |
Minimum majority needed |
| Lok Sabha |
543 |
At least 272 MPs + two-thirds of members present and voting |
| Rajya Sabha |
245 |
At least 123 MPs + two-thirds of members present and voting |
Why Opposition parties want the CEC removed
Opposition leaders say the move is aimed at holding the Election Commission accountable for what they allege is partisan conduct.
According to sources, the notice against CEC Kumar lists seven charges, including accusations of “partisan and discriminatory conduct in office”, intentional obstruction of enquiries into alleged electoral fraud, and actions that allegedly resulted in the disenfranchisement of voters.
Trinamool MP Kalyan Banerjee said several Opposition parties have backed the proposal. “The decision to bring the impeachment motion was taken by our leader, Mamata Banerjee. We have brought the motion. We have signed it, the Samajwadi Party has signed, Congress has signed, Sharad Pawar’s party has signed, DMK has signed, everyone has signed it,” he said.
Earlier, TMC MP Saugata Roy had also indicated that the party was mobilising support across Opposition ranks. “We are preparing an impeachment motion against the Chief Election Commissioner. More than 100 MPs are supporting us. We might submit it today. The Opposition will be seen united on this,” he told ANI.
The move follows TMC’s allegations that Kumar acted at the behest of the ruling Bharatiya Janata Party (BJP) during the Special Intensive Revision (SIR) exercise in West Bengal. After challenging the exercise politically and legally, the party has now decided to raise the issue in Parliament.
West Bengal is expected to hold Assembly elections in a few weeks, with the TMC seeking to retain power while the BJP attempts to expand its presence after winning 77 seats in the 2021 polls.
BJP rejects allegations
The ruling BJP has strongly criticised the Opposition’s attempt to bring the impeachment motion.
BJP MP Damodar Agrawal said targeting constitutional bodies in this manner was inappropriate.
“Putting such constitutional institutions in the dock and spreading misinformation about them is not good. The Election Commission is doing unbiased work. The INDIA alliance is only making proposals and not taking any action,” Agrawal said.
Earlier, BJP MP Anurag Thakur also attacked the Opposition over the move, accusing it of repeatedly disregarding constitutional norms.
“Whenever Congress discusses the Constitution, they face defeat because it was Congress that repeatedly disregarded the Constitution,” Thakur said.
Meanwhile, the Aam Aadmi Party (AAP) has backed the proposed motion, alleging that the Election Commission failed to address complaints raised by the party regarding electoral irregularities.