Rajya Sabha chairman CP Radhakrishnan and Lok Sabha Speaker Om Birla have rejected the Opposition's notice against Chief Election Commissioner (CEC) Gyanesh Kumar, citing a lack of necessary proof and high constitutional bar for removal proceedings.
The presiding officers of the two houses argued that while the allegations are relevant for political debate, they do not prima facie meet the high constitutional bar for removal proceedings.
The orders, both 17 pages long, stated that any proposal for the removal of the CEC must be examined with utmost care and circumspection, striking a careful balance between preserving the institutional independence of the commission and the right of members to initiate a motion.
The orders also warned that admitting a motion based on administrative disagreements or political perceptions would jeopardise the poll body's independence.
The presiding officers focused on the constitutional and legal provisions vis-à-vis the allegations of 'misbehaviour' levelled at Kumar, the first CEC to face an impeachment notice.
They rejected the allegations, stating that the notice does not demonstrate 'misbehaviour' as envisaged by Articles 324(5) and 124(4) of the Constitution.
