Inside the Election Commission fight: Why the opposition wants to remove poll chief Gyanesh Kumar

Opposition parties are moving to remove India's Chief Election Commissioner after reports showed two top officials objected 14 times over voter list changes and registration rules. Here is what happened.

Opposition parties are preparing a fresh parliamentary move to remove Chief Election Commissioner Gyanesh Kumar after records showed repeated objections from the Election Commission's other two members over voter list changes and registration rules. The dispute centres on electoral rolls, new voter registration and the Special Intensive Revision, or SIR, and has opened a new fight over how key decisions were taken inside the poll body.

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Why the Election Commission's internal notes have become the key issue

The latest political confrontation follows an investigation by The Indian Express into decision-making within the three-member Election Commission.

The newspaper reported that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi put concerns on record at least 14 times over 10 months. The issues included voter additions and deletions, changes affecting new voter registration and control of electoral roll software.

Some of the objections concerned decisions or orders that the two commissioners said had been made without their knowledge.

The disclosures matter because the Election Commission is not run by the Chief Election Commissioner alone. It is a three-member constitutional body, with the CEC serving as its chairman.

What did the two Election Commissioners object to?

One dispute involved Form 6, which is used by people applying to join the electoral roll. The Indian Express reported that questions linked to the SIR exercise were added to the online form.

Vivek Joshi recorded his objection in May, arguing that Form 6 is prescribed under the Registration of Electors Rules, 1960 and could not be changed in this manner without amending the rules. Sukhbir Singh Sandhu agreed with that position.

Election Commissioner Sandhu later raised the matter again after the disputed version remained on the online system. The concerns also extended to the way voter databases and software systems were being controlled.

What has the Election Commission said?

The Election Commission has rejected the suggestion that the internal notes prove its final decisions were divided.

It acknowledged that commissioners can record different views while an issue is being examined but said this is part of the institution's normal decision-making process.

"Differing views and observations are a normal part of deliberation in any institution," the Commission said. "They are a part of the decision-making process before a final decision is taken."

The Commission also said that "written notes, observations, technical suggestions and internal checks-and-balances" were "standard, ongoing practices", and that "the suggestions given by the Commissioners were for further improving the electoral processes."

According to the Commission, its final decisions during the past year, including those linked to SIR, were unanimous.

Why Opposition parties are preparing another removal notice

The internal records have given Opposition parties new material for their campaign against Kumar.

Congress sources cited in media reports said a fresh notice is being prepared with legal input and is expected to be submitted on behalf of Opposition parties.

The planned move follows several earlier attempts to start removal proceedings against CEC Gyanesh Kumar.

Opposition MPs submitted notices in both houses on March 12, 2026. The Lok Sabha notice carried 130 signatures, while the Rajya Sabha notice had 63. Lok Sabha Speaker Om Birla and Rajya Sabha Chairman C P Radhakrishnan refused to admit those notices on April 6.

Another notice was submitted in the Rajya Sabha on April 24. It was signed by 73 Opposition MPs and sought Kumar's removal on the ground of alleged "proven misbehaviour". The Opposition listed nine charges against him.

Earlier attempts versus the fresh Opposition move

Can Parliament remove the Chief Election Commissioner?

Yes, but the Constitution deliberately makes the process difficult.

Article 324(5) says a Chief Election Commissioner can be removed only in the same manner and on the same grounds as a Supreme Court judge. The 2023 law governing the appointment and service conditions of Election Commissioners repeats this protection.

Under the Judges (Inquiry) Act, a notice seeking to start the process requires signatures from at least 100 Lok Sabha MPs or 50 Rajya Sabha MPs.

Reaching that number does not automatically begin an inquiry. The Lok Sabha Speaker or Rajya Sabha Chairman can admit or refuse the motion after considering the material placed before them.

If a motion is admitted, a three-member committee is formed to investigate the allegations. It includes a Supreme Court judge, a High Court Chief Justice and a distinguished jurist.

What majority is needed to remove a CEC?

The final hurdle is much higher than an ordinary parliamentary vote.

Removal requires each House to pass the motion with a majority of its total membership and at least two-thirds of the members present and voting. The constitutional grounds are proved misbehaviour or incapacity.

This means filing a notice is only the opening step. The allegations must first survive the admission and inquiry process before Parliament can reach the final removal stage.

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