CEC vs Opposition: “Vote Theft” Allegations, Affidavit Demand, and Impeachment Buzz

August 18, 2025

CEC Refutes “Vote Theft” Allegations

Chief Election Commissioner (CEC) Gyanesh Kumar on Sunday dismissed the “vote theft” claims made by Congress MP and Leader of Opposition Rahul Gandhi. Speaking at a press conference in New Delhi, Kumar termed the allegations of bias against the Election Commission of India (ECI) as an “insult to the Constitution of India.”

The CEC demanded that Rahul Gandhi either furnish a signed affidavit or apologise to the nation for his remarks.

“An affidavit will have to be given or an apology should be made to the country. Teesra koi vikalp nahi (There is no third option),” Kumar said, adding that failure to submit the affidavit within seven days would render all allegations baseless.

Rahul Gandhi Hits Back

Rahul Gandhi immediately responded, questioning the ECI’s neutrality. He argued that while the Commission is demanding an affidavit from him, no such action was taken against BJP MP Anurag Thakur, who made similar allegations.

“The Election Commission asks for an affidavit from me. But when Anurag Thakur says the same thing, it does not ask for an affidavit from him,” Rahul Gandhi said.

Gandhi had earlier alleged “vote chori” (vote theft) in the Mahadevapura Assembly constituency of Karnataka, claiming 1,00,250 irregular votes including duplicate registrations, invalid addresses, and bulk entries at single locations. He further pointed to 80 voters registered under a single address.

Opposition Reactions

The issue has sparked a strong political backlash. Congress leader Pawan Khera alleged that CEC Gyanesh Kumar sounded more like a BJP spokesperson than a constitutional authority.

“It seemed like BJP was speaking today. Did he respond to the 1 lakh voters we exposed in Mahadevapura? Instead, he speaks of privacy when voters’ rights are at stake,” Khera said.

RJD leader Manoj Jha also criticized the Commission, stating that its press conference failed to address the “burning questions.” He reminded the CEC of the legacy of Sukumar Sen, India’s first Election Commissioner.

CCTV Footage Controversy

Rahul Gandhi also raised concerns that the ECI is “destroying evidence” by deleting CCTV and webcasting footage of polling booths after 45 days unless challenged in court. The CEC defended the practice, arguing that sharing footage beyond this period would violate voter privacy.

“Should the Election Commission share CCTV videos of any voter including their mothers, daughters-in-law, or daughters? Only those whose names are in the voter list cast their votes to elect their candidate,” Kumar said.

Impeachment Motion in Sight

Amid escalating tensions, opposition parties are reportedly considering an impeachment motion against CEC Gyanesh Kumar in the ongoing Monsoon Session of Parliament.

Congress MP Syed Naseer Hussain confirmed that the party is open to using “all democratic tools”, including impeachment, though formal discussions have not yet taken place.

“If there is a need, we will use all the weapons of democracy under the rules. We have not had any discussions as of now, but if needed, we can do anything,” Hussain said.

Constitutional Question: Can the CEC be Impeached?

This raises a vital constitutional question: Can the Chief Election Commissioner (CEC) or Election Commissioners be impeached by Parliament, like the President or judges of the Supreme Court?

Article 324 of the Constitution establishes the Election Commission of India as a constitutional body.
Removal of the CEC: As per Article 324(5), the Chief Election Commissioner can only be removed in the same manner and on the same grounds as a Supreme Court judge, i.e., through impeachment by Parliament on grounds of proved misbehavior or incapacity.
Removal of Election Commissioners (other members): They can only be removed on the recommendation of the CEC.

Thus, technically, impeachment is possible against the CEC, but the process is extremely rigorous and rarely invoked.

Impeachment Process under the Indian Constitution

The impeachment process for Supreme Court judges (and by extension the CEC) is governed by Articles 124(4) & 124(5) and the Judges Inquiry Act, 1968. It requires:

A motion signed by at least 100 MPs in Lok Sabha or 50 MPs in Rajya Sabha.
An inquiry committee to investigate charges of misbehavior/incapacity.
Approval by both Houses of Parliament with a two-thirds majority of members present and voting, plus a majority of the total membership.

This makes removal almost impossible without broad political consensus.

Has This Happened in the Past?

No CEC has ever been impeached in India’s history.
However, the issue has surfaced before. In 2009, the UPA government recommended the removal of Election Commissioner Navin Chawla, accusing him of partisanship. But the then-CJI K.G. Balakrishnan rejected the reference, stating there was insufficient evidence.
Similarly, in the case of T.N. Seshan (famous reformist CEC of the 1990s), political pressure was high, but no impeachment attempt was made. Instead, the government diluted his powers by adding more Election Commissioners.

Therefore, while the Constitution provides for impeachment, political realities and the high threshold make it highly unlikely.

Government Response

Union Parliamentary Affairs Minister Kiren Rijiju urged opposition parties to refrain from disrupting Parliament proceedings over issues related to the Election Commission, calling for constructive debate instead of confrontation.

Conclusion

The current standoff between CEC Gyanesh Kumar and the Opposition has revived a debate over the independence and accountability of the Election Commission of India. While opposition parties may push for an impeachment motion, constitutional history shows that the removal of a CEC is extremely difficult and politically rare.

The coming weeks will decide whether this clash remains a political standoff or evolves into a constitutional showdown inside Parliament.