Amid continued spat with the Election Commission over allegations of vote fraud, the INDIA Opposition bloc is considering bringing a motion to remove the Chief Election Commissioner. The impeachment motion is to be brought in the monsoon session of Parliament against CEC Gyanesh Kumar, reported ANI, citing sources.
Congress Rajya Sabha MP Syed Naseer Hussain speaking to the news agency said all available rules in the Indian democarcy will be looked at if such a need arises.
“If there is a need, we will use all the weapons of democracy under the rules. We have not had any discussions (about impeachment) as of now, but if needed, we can do anything," Hussain was quoted as saying by the news agency.
Can the Opposition really impeach the EC, what is the process?
Impeachment is the process about deciding to remove a person in a position from exercising all the powers and responsibilities he or she holds. The Indian constitution uses the word (impeachment) only for President under article 61 where 2/3 majority of total membership of each house will be required.
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Removal is permitted only on grounds of proven misbehaviour or incapacity.
However, CJI and judges of SC, CJ of HC and judges of HC, CAG and CEC are also removed following the same process. It is only different in terms of majority required. In all these impeachements 2/3 of members present and absolute majority of each house will be required.
Here, in the case of CEC Gyanesh Kumar, the Opposition does not have the numbers to move an impeachment motion. It rather looks like a pressure tactics being used by the INDIA block led by Congress against the CEC.
On Sunday, Chief Election Commissioner Gyanesh Kumar slammed Rahul Gandhi in a media briefing for the “vote theft” claims and demanded an apology from him.
"An affidavit will have to be given or an apology should be made to the country. Teesra koi vikalp nahi (There is no third option.) If the affidavit is not received within seven days, it means that all these allegations are baseless." CEC Gyanesh Kumar said.

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