Chief Election Commissioner Gyanesh Kumar faces scrutiny as the opposition seeks his removal from office, alleging bias towards the ruling BJP, raising questions about the impartiality of India's election oversight.
Chief Election Commissioner Gyanesh Kumar on Sunday ducked questions on the opposition's notice to move a motion in Parliament for his removal from the post.
At a press conference held to announce Assembly election schedules in four states and a Union Territory, Kumar did not answer questions on the opposition notice.
While the Chief Election Commissioner (CEC) can be removed only by Parliament, Election Commissioners can be removed through a recommendation by the CEC to the President.
In a first, the opposition has submitted notices in both the Lok Sabha and the Rajya Sabha seeking to move a motion to remove Kumar from the post, alleging a partisan attitude.
The opposition parties accused the CEC of aiding the ruling BJP on several occasions, especially during the Special Intensive Revision (SIR) of electoral rolls, which they alleged was aimed at helping the saffron party at the Centre.
The process for removing the CEC is similar to that for the removal of a Supreme Court or a high court judge, meaning an impeachment can be effected only on the ground of "proven misbehaviour or incapacity".
Article 324(5) of the Constitution says the CEC shall not be removed from office except in like manner and on like grounds as a Supreme Court judge, and the conditions of service of the CEC shall not be varied to his disadvantage after his appointment.
The motion for removal of CEC must be introduced in either House of Parliament and must be passed by a special majority -- a majority of the total membership of the House and a two-thirds majority of the members present and voting.