Rajya Sabha Chairman CP Radhakrishnan and Lok Sabha Speaker Om Birla rejected the Opposition's notice seeking chief election commissioner (CEC) Gyanesh Kumar's removal, citing a lack of necessary proof of misbehaviour.
The detailed order pointed out that some charges involve matters under judicial review and argued that the allegations do not meet the high constitutional bar for removal proceedings.
The order underlined that the Election Commission of India (ECI) discharges functions at the very core of our democratic framework and that its decisions are bound to carry political consequences.
It added that any proposal for the removal of the CEC must be examined with utmost care and circumspection, striking a balance between preserving institutional independence and the right of members to initiate a motion.
The order cited the charge that Kumar's appointment as CEC was compromised and tainted, but said these allegations do not amount to any act of misbehaviour attributable to the CEC.
It also pointed out that a court case is pending over Kumar's appointment, and the Supreme Court has not provided any interim relief.
The order rejected the second charge related to Kumar's statements during a press briefing, saying that differences of opinion on the appropriateness of such responses cannot amount to misbehaviour.
The order concluded that the allegations do not appear to be falling within the meaning of 'misbehaviour' for which a constitutional functionary can be subjected to the process of his removal.
