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Senior advocate and All India Bar Association Chairman Adish C Aggarwala on Sunday has urged Leader of Opposition Rahul Gandhi to reconsider the proposed October 12 visit of Opposition leaders to the Supreme Court to submit a memorandum to the Chief Justice of India seeking the resignation of Chief Election Commissioner Gyanesh Kumar.
In a letter to Gandhi dated October 11, Aggarwala suggested that Opposition parties consider initiating a fresh parliamentary removal motion against the CEC, citing what he described as new documentary material reported by The Indian Express. Aggarwala said political parties were entitled to raise concerns about constitutional institutions but argued that approaching the CJI with a memorandum concerning a politically contentious issue could raise concerns about the separation of powers and the independence of the judiciary, particularly where related matters are pending before the courts. He also contended that the CJI, acting in an administrative capacity, did not have the constitutional authority to direct the CEC to resign or remove him from office, and said grievances concerning the Election Commission should be pursued through appropriate legal and constitutional procedures. Referring to Article 324(5) of the Constitution and the Judges (Inquiry) Act, 1968, Aggarwala said a removal motion against the CEC could be initiated by the requisite number of members of either House of Parliament, subject to the prescribed procedure. He noted that earlier notices seeking the CECs removal, reportedly backed by 130 Lok Sabha members and 63 Rajya Sabha members, were rejected by the presiding officers of the two Houses on April 6, 2026, citing insufficient material to establish a prima facie case. Aggarwala said subsequent investigative reports had reportedly brought forward additional material that was not available when the earlier notices were considered. He suggested that Opposition parties examine whether the material could support a fresh notice of motion. The senior advocate, however, distinguished the admission of a removal motion from the final establishment of proved misbehaviour or incapacity, stating that the latter would have to be determined through the prescribed inquiry process. Urging Gandhi to reconsider the proposed visit, Aggarwala said pursuing the parliamentary mechanism, if supported by sufficient material, would be a constitutionally appropriate way to raise the concerns. The letter comes amid the Oppositions reported plan to approach the CJI over its demand for the CECs resignation. The claims and legal views expressed in the letter are Aggarwalas; the letter does not establish the veracity of the reported material or determine whether it would meet the legal threshold for a fresh removal motion. (ANI)
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