CEC removal procedure: Pleas Rejected Due to Lack of Evidence

Context: CEC removal procedure

Opposition notices seeking removal of the Chief Election Commissioner (CEC) were rejected by the Rajya Sabha Chairman and Lok Sabha Speaker.

Constitutional provisions & law (Removal mechanism)

1. Article 324(5)
   • CEC can be removed in the same manner as a Supreme Court judge.
   
2. Article 124(4)
   • Removal requires:
   • Proved misbehaviour or incapacity
   • Special majority in Parliament
   (majority of total membership + 2/3rd of members present & voting)
   
3. Judges (Inquiry) Act, 1968
   • Provides procedure:
   • Motion → Inquiry committee → Proof of charges → Parliamentary vote
   

Why the plea was rejected

1. No prima facie misbehaviour
   • Notices failed to show even initial proof.
   
2. High constitutional bar not met
   • Allegations did not satisfy strict standard under Art 324(5) + 124(4).
   
3. Lack of evidence
   • Claims were not backed by concrete proof.
   
4. Sub judice / already examined issues
   • Some matters were pending before courts or already adjudicated.
   
5. Within EC’s constitutional powers
   • Actions fell under Article 324 and aligned with Supreme Court directions.