New Delhi, April 7, 2026: Rajya Sabha Chairman C.P. Radhakrishnan on Monday rejected a notice of motion seeking the removal of Chief Election Commissioner (CEC) Gyanesh Kumar, effectively halting the opposition's attempt to initiate impeachment proceedings against the poll panel chief.
The notice, submitted on March 12, 2026, and signed by 63 Rajya Sabha MPs (as part of a larger effort backed by 193 opposition MPs across both Houses, including 130 in Lok Sabha), was moved under Article 324(5) of the Constitution, read with Article 124(4), Section 11(2) of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, and the Judges (Inquiry) Act, 1968.
In an official bulletin issued by the Rajya Sabha Secretariat, the Chairman stated: “After due consideration of the notice of Motion and a careful and objective assessment of all relevant aspects and issues involved, the Hon’ble Chairman, Rajya Sabha, in exercise of the powers vested to him under Section 3 of the Judges (Inquiry) Act, 1968, has refused to admit the said notice of Motion.”
A similar notice was also rejected by Lok Sabha Speaker Om Birla on the same day. No detailed reasons were provided in the notifications from either presiding officer beyond citing a “careful and objective assessment” of the matter.
# Background and Opposition's Allegations
The move to remove Gyanesh Kumar — the first such notice ever against a sitting CEC — was primarily led by the Trinamool Congress (TMC) and supported by other opposition parties, including Congress. The opposition accused the Election Commission of India (ECI) under Kumar of failing to ensure free and fair elections. Key issues raised included:
- The conduct of recent assembly polls.
- The pan-India Special Intensive Revision (SIR) of electoral rolls.
Opposition leaders claimed these actions compromised the ECI’s constitutional duty. The removal process for a CEC mirrors that for a Supreme Court judge, requiring a special majority in both Houses after an inquiry.
# Why the Motion Was Rejected
The Rajya Sabha Chairman (and Lok Sabha Speaker) has the discretionary power under Section 3 of the Judges (Inquiry) Act, 1968, to admit or refuse such a motion after reviewing the notice and available material. In this case, the presiding officers exercised that authority to decline admission following their assessment. Since the motion was not admitted at the preliminary stage, no inquiry committee was formed, and the process could not proceed further.
The opposition expressed strong disappointment. Congress MP Jairam Ramesh alluded to the previous Rajya Sabha Chairman Jagdeep Dhankhar, who had accepted an opposition motion in another case before resigning. Some opposition voices criticized the lack of specific reasons in the rejection order.
Gyanesh Kumar, a former IAS officer, continues in his role as CEC. The rejection brings an end — at least for now — to this unprecedented parliamentary challenge against the head of the Election Commission.
This development highlights the high constitutional threshold for removing constitutional functionaries like the CEC and the significant discretion vested in the presiding officers of Parliament.
For More News Updates Follow Us On www.tconews.in
