New Delhi, March 15 Chief Election Commissioner Gyanesh Kumar on Sunday evaded questions about the opposition's notice to move a motion in Parliament for his removal from the post.
During a press conference held to announce election schedules for four states and a Union Territory, Kumar did not answer questions about the opposition's notice.
While the Chief Election Commissioner (CEC) can only be removed by Parliament, Election Commissioners can be removed through a recommendation from the CEC to the President.
In a first, the opposition has submitted notices in both the Lok Sabha and the Rajya Sabha seeking to move a motion to remove Kumar, alleging a biased attitude.
The opposition parties accused the CEC of aiding the ruling BJP on several occasions, particularly during the Special Intensive Revision (SIR) of electoral rolls, which they alleged was aimed at helping the saffron party at the Centre.
The process for removing the CEC is similar to that for removing a Supreme Court or a high court judge, meaning an impeachment can only be effected on the grounds of "proven misconduct or incapacity".
Article 324(5) of the Constitution states that the CEC shall not be removed from office except in the same manner and on the same grounds as a Supreme Court judge, and the terms of service of the CEC shall not be altered to his disadvantage after his appointment.
The motion to remove the CEC must be introduced in either House of Parliament and must be passed by a special majority – a majority of the total membership of the House and a two-thirds majority of the members present and voting.