New Delhi — In a major development, Rajya Sabha Chairman CP Radhakrishnan and Lok Sabha Speaker Om Birla have turned down notices from opposition MPs seeking the removal of Chief Election Commissioner Gyanesh Kumar. The notices, signed by 193 MPs from the INDIA bloc and other opposition parties, were submitted on March 12, 2026. This was the first time in independent India that such a formal notice was moved against a sitting Chief Election Commissioner.
The opposition had accused Kumar of bias in the Special Intensive Revision (SIR) of electoral rolls. They claimed that names of many voters were deleted in their strongholds, especially in West Bengal and Tamil Nadu, without proper checks. The Rajya Sabha Chairman and Lok Sabha Speaker said they examined the notices carefully but did not admit them. They gave no detailed reasons in the official bulletins.
What the Notices Said
Opposition parties, led by the Trinamool Congress, collected signatures from 130 Lok Sabha MPs and 63 Rajya Sabha MPs. This number crossed the minimum required under rules – 100 for Lok Sabha and 50 for Rajya Sabha. The 10-page notice listed seven main charges. These included “partisan and discriminatory conduct”, “mass disenfranchisement through SIR”, and “deliberate obstruction of investigations into electoral fraud”.
The notices were filed under Article 324(5) of the Constitution. This article says the Chief Election Commissioner can be removed only in the same way as a Supreme Court judge – that is, for proven misbehaviour or incapacity. It also referred to the Chief Election Commissioner and Other Election Commissioners Act of 2023 and the Judges (Inquiry) Act of 1968.
How the Rejection Happened
A parliamentary bulletin from Rajya Sabha Secretary General PC Mody informed members that the notice dated March 12, 2026, was not admitted. Rajya Sabha Chairman CP Radhakrishnan took the decision after “careful consideration and an objective assessment of all relevant aspects”. He used his powers under Section 3 of the Judges (Inquiry) Act, 1968, to refuse the motion.
Similar action was taken in the Lok Sabha. Speaker Om Birla also refused to admit the notice signed by 130 MPs. Both houses said they had looked into the matter closely but did not give any specific reasons for saying no. This brought an end to what was called a historic but unsuccessful bid to remove the CEC.
Background on Gyanesh Kumar
Gyanesh Kumar took charge as Chief Election Commissioner in February 2025. Before that, he served as an Election Commissioner. The opposition had been raising questions about his conduct for some time. They pointed to the way the Election Commission handled the Special Intensive Revision of voter lists in several states.
The SIR is a big exercise done by the Election Commission before major elections. It includes house-to-house checks to clean the voter rolls. The process started in October 2025 in many states. In West Bengal, the final rolls published on February 28, 2026, showed a drop of about 62 lakh names. The state’s voter count came down from 7.66 crore to around 7.04 crore before further adjustments. Many names were marked under adjudication, and judicial officers are still looking into some cases.
Reports said similar deletions happened in Tamil Nadu and other states. Opposition leaders claimed these deletions hit their areas more. They said proper checks were not done, and genuine voters lost their names from the lists.
Opposition Leaders React
Trinamool Congress MP Saugata Roy had earlier said the party would bring the impeachment motion because of complaints about the SIR. “The way the SIR has been handled, the way people have lost their names from the voter list – it must be exposed,” he told reporters.
West Bengal Chief Minister Mamata Banerjee has been protesting against the voter deletions for weeks. She has called it a “BJP-EC conspiracy” to remove genuine voters. “The Election Commission has deliberately deleted genuine voters. This is very sad,” she said during her dharna in Kolkata.
Other INDIA bloc leaders from Congress, DMK, and Samajwadi Party supported the move. They said the Election Commission’s independence was at stake. This notice came just before assembly elections in states like West Bengal, Tamil Nadu, Assam, Kerala, and Puducherry.
Election Commission’s Stand
The Election Commission has called the opposition’s charges “incorrect and baseless”. Officials have said the SIR is a standard and legal process to update voter lists. They pointed out that deletions happen for valid reasons like people who have died, shifted, or are absent. In West Bengal alone, around 24 lakh deletions were of deceased voters, 18 lakh shifted, and 12 lakh absent.
The Commission has also said that anyone whose name is deleted can still file claims and get it added back through supplementary lists before elections. Supreme Court has also been hearing cases related to West Bengal’s voter rolls. The court has said that deleted voters cannot lose their right to vote forever and that proper process must be followed.
Constitutional Process Explained in Simple Words
Removing a Chief Election Commissioner is not easy. The Constitution treats the CEC like a Supreme Court judge. First, MPs have to give a notice with enough signatures. Then the Speaker or Chairman decides whether to admit it. If admitted, a three-member inquiry committee looks into the charges. After that, both Lok Sabha and Rajya Sabha have to pass the motion with a special majority – more than half the total members of the house plus two-thirds of those present and voting.
Because the ruling NDA has a clear majority in both houses, even if the notice had been admitted, it was unlikely to succeed. Still, opposition leaders said the move was important to highlight their concerns about the Election Commission.
Political Impact and Debate on EC Independence
This episode has once again brought the Election Commission under the spotlight. Many political observers say it shows the growing tension between the opposition and the poll body. The opposition believes the SIR process was used to weaken their voter base in key states. The government and the Commission say it is just routine work to keep voter lists clean.
With assembly polls coming up soon, the row over voter rolls has become a big talking point. Parties are busy checking the final lists and preparing to file claims for any wrong deletions. The Election Commission has assured that all genuine voters will get a chance to vote.
This is not the first time questions have been raised about the Election Commission. In the past also, opposition parties have accused it of favouring the ruling side during elections. But this is the first time a formal notice for removal of the CEC has reached Parliament.
The Road Ahead
While the legislative route for removal has been closed for now, legal experts suggest the opposition might approach the Supreme Court to challenge the “arbitrary” rejection of the notice. However, judicial interference in the discretionary powers of the Speaker or Chairman is traditionally limited.
As India approaches the next cycle of state elections, the shadow of this failed impeachment bid will likely loom large over the Election Commission’s public image.
FAQs
1. Why did the opposition want to remove CEC Gyanesh Kumar?
The opposition accused the CEC of bias and “partisan conduct.” The main allegation was the improper removal of millions of voters from the electoral rolls in states like West Bengal and Tamil Nadu, which the opposition claimed was a “deliberate attempt” to favor the ruling party.
2. Can the Speaker or Chairman legally reject such a notice?
Yes. Under the Judges (Inquiry) Act, 1968, the presiding officer has the discretionary power to admit or refuse a motion for removal after consulting with relevant authorities and examining the evidence provided.
3. Is “Impeachment” the correct word for removing a CEC?
Technically, no. The Constitution reserves the term “Impeachment” only for the President (Article 61). For the CEC and Judges, the term used is “Removal.” However, in common political language, it is often called impeachment because the process is very similar.
4. What is a “Special Majority” in this context?
To remove a CEC, a motion must be passed by a majority of the total membership of the House and by a majority of not less than two-thirds of the members present and voting.
5. What happens if a removal notice is rejected?
Once the Speaker or Chairman rejects the notice, the process ends. The only remaining options for the petitioners are to seek judicial review in the Supreme Court or to file a fresh notice with additional evidence in a future session.