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All options open: INDIA bloc weighs impeachment move against CEC

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National Heraldpublisher-detail-arrow
18th August, 2025 19:58 IST

The INDIA bloc — a coalition of more than 20 Opposition parties — is weighing the option of moving impeachment proceedings against Chief Election Commissioner (CEC) Gyanesh Kumar, accusing him of undermining the Election Commission of India’s (ECI) authority and colluding with the ruling BJP.

If moved, the impeachment motion will be the first against any election commissioner since 1950, when India got its Election Commission.

This comes a day after the ECI held a press conference to rebut allegations of “vote chori” (theft) made by Lok Sabha Leader of Opposition Rahul Gandhi. On 7 August, Gandhi alleged that 1,00,250 “stolen” votes in the Mahadevapura assembly segment of Bengaluru Central Lok Sabha constituency enabled the BJP’s victory in the constituency, charging the ECI with being “hand in glove” with the ruling party.

At a joint press conference in Delhi's Constitution Club on Monday, eight Opposition MPs launched a coordinated attack on the ECI, claiming the constitutional body had “reduced itself to puppetry” by holding what they called a politically motivated presser.

Asked whether the INDIA bloc had reached a consensus on moving the impeachment motion, senior RJD MP Manoj Jha said, “All legal and political options are open.”

Congress MP and Assam Pradesh Congress Committee chief Gaurav Gogoi added, “The INDIA bloc has discussed the option of impeachment. A final decision will be taken at the right time.”

"Constitution is for protection, it cannot be a shield for your defiance of Constitutional propriety and morality," added Jha

Later, a joint statement was issued by the Opposition parties which reads: "ECI has completely failed in discharging its constitutional duty of ensuring a free and fair electoral system in the country. It has now become clear that the ECI is not being led by officers who can ensure a level playing field. To the contrary, it is now clear that those who lead the ECI divert and thwart any attempt at a meaningful inquiry into voter fraud and instead opt to intimidate those who challenge the ruling party. This is serious indictment".

Notably, the CEC enjoys one of the strongest Constitutional protections under Article 324(5). A CEC can only be removed on the same grounds and through the same procedure as a Supreme Court judge — that is, on proven charges of “misbehaviour or incapacity”. This safeguard is meant to shield the office from partisan interference or political vendetta.

Although popularly described as 'impeachment', the Constitution does not use the term in this context. A removal motion can be introduced in either House of Parliament but requires the support of at least 100 MPs in the Lok Sabha or 50 MPs in the Rajya Sabha. For the motion to pass, it must secure:

  • A two-thirds majority of members present and voting, and

  • Support from more than half of the total membership of the House.

Only then is the resolution sent to the President, who may issue the order of removal.

Since the Election Commission’s inception in 1950, no CEC has ever been removed. The closest attempt came in 2009, when over 200 MPs — largely from the BJP — petitioned for the removal of Election Commissioner Navin Chawla, accusing him of bias towards the Congress. That motion never advanced.

“Officers will come and go, but the House will remain witness to their actions. We will continue to monitor them and respond appropriately,” said Gogoi.

Samajwadi Party Rajya Sabha MP Ram Gopal Yadav flagged inaction on voter complaints. He said the ECI is asking Rahul Gandhi to submit an affidavit, but is silent on affidavits submitted by the SP in 2022.

“In 2022, we submitted affidavits from 18,000 voters, but the ECI has not acted on even one case. The BJP government and the Commission are clearly working together to deprive people of their voting rights,” he alleged.

Trinamool Congress MP Mahua Moitra issued a point-by-point rebuttal of the ECI’s statements, describing the press conference as “a shameful display of puppetry by the CEC”.

Shiv Sena (UBT) MP Arvind Sawant said "watching the Election Commission's press conference, felt like they were spokespersons for the BJP. Regarding the Maharashtra elections, we demanded CCTV footage from the Election Commission, but they did not provide it...Election Commission is engaged in protecting the BJP".

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