'We will follow due process': Om Birla responds to Opposition's demand to remove CEC Gyanesh Kumar

Lok Sabha Speaker Om Birla on Thursday said any fresh motion seeking the removal of Chief Election Commissioner (CEC) Gyanesh Kumar would be dealt with according to established procedures, as the Opposition continues to demand action over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.

Speaking at a press conference ahead of the 12th BRICS Parliamentary Forum, which India will host from October 26, Birla said the procedure for removing the CEC was laid down in law and would be followed if the Opposition submitted another motion.

“We will follow the process when the motion is moved. Just as there is a procedure for the impeachment of judges, there is a process laid down for the CEC too… It will be followed if the opposition moves a motion,” Birla said.

Opposition's attempts to remove CEC

Opposition parties have accused Kumar of the “unilateral and arbitrary exercise of the collective powers” during the ongoing revision of electoral rolls. They have also approached President Droupadi Murmu, seeking his removal and the repeal of the 2023 law that grants immunity to the CEC and Election Commissioners.

The Opposition has made two attempts to initiate proceedings against Kumar. Notices submitted during the first attempt were rejected by both the Lok Sabha and the Rajya Sabha, while those filed during the second attempt remain pending in the Upper House.

Under the law, the CEC can be removed by Parliament through a process similar to that applicable to a Supreme Court judge. The CEC or an Election Commissioner can also resign by submitting a written resignation to the President.

Birla avoids comment on possible special session

Birla declined to confirm whether the government planned to convene a special session of Parliament to consider the Constitution (131st Amendment) Bill and the Delimitation Bill, which are linked to implementing 33 per cent reservation for women in legislatures.

Addressing questions about the delay in proroguing Parliament after the Monsoon session was adjourned sine die on August 13, he said the Constitution clearly defined the process.

“This is not the longest duration (between the adjournment and proroguing)... Article 85 of the Constitution clearly states the rules for proroguing the House,” he said.

Article 85 empowers the President to summon and prorogue either House of Parliament, or dissolve the Lok Sabha, on the aid and advice of the Council of Ministers. It requires that no more than six months elapse between two sessions but does not set a specific deadline for proroguing a House.

TMC rebel MPs' disqualification petitions under consideration

On petitions seeking the disqualification of rebel Trinamool Congress (TMC) MPs who broke away and merged with the Nationalist Citizens Party of India (NCPI), Birla said proceedings were underway.

“The petitions are being heard in the (Supreme) Court and they are also being heard in my court… Both sides are being heard and the proceedings are underway. As soon as we receive their response, we will expedite the process,” he said.

The TMC faction led by national general secretary Abhishek Banerjee has sought the immediate disqualification of the lawmakers, arguing that their merger amounted to “voluntarily giving up party membership”.

Birla also expressed hope that the two-day BRICS Parliamentary Forum would adopt a joint declaration by consensus and discuss issues including terrorism and climate change. Prime Minister Narendra Modi is scheduled to attend and meet leaders of visiting delegations. While Saudi Arabia and Ethiopia are yet to confirm participation, 18 countries have submitted suggestions for the forum.