Calls for the resignation of Chief Election Commissioner (CEC) Gyanesh Kumar have intensified after an investigation by The Indian Express reported repeated objections by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi over decisions linked to the Election Commission of India (ECI) and the Special Intensive Revision (SIR) of electoral rolls.
The report said that the two Election Commissioners recorded dissent on at least 14 occasions over 10 months. They raised concerns over decisions involving voter registration, deletion of names and the centralisation of voter database-related processes. Some of the steps were described in their notes as “unauthorised” and “illegal”.
The controversy has prompted opposition leaders, including Rahul Gandhi, to demand Gyanesh Kumar’s resignation. Gandhi said elections were “fundamentally broken” and called for the CEC to step down.
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The Election Commission, however, has rejected the suggestion that the reported differences undermine its functioning. The poll body said, “All these decisions are an outcome of the unanimous decisions of the full Commission in the past one year.” It also said differing views are a normal part of institutional deliberations.
How does a CEC resign in India?
The resignation process is set out in Section 11 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. A CEC can resign at any time by submitting a written resignation addressed to the President of India.
The law does not create a separate deputy CEC who automatically steps into the post when the office becomes vacant.
Who takes over after the CEC resigns?
A new CEC is appointed by the President. Under the 2023 Act, the appointment is made on the recommendation of a three-member Selection Committee comprising the Prime Minister, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.
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The Act also provides for a Search Committee headed by the Cabinet Secretary to prepare a panel of five names for consideration by the Selection Committee.
Meanwhile, the Election Commission remains a multi-member constitutional body under Article 324. A vacancy in the CEC’s office does not by itself mean that the other Election Commissioners leave office. The exact arrangements for conducting the Commission’s business during any gap before a new CEC is appointed would depend on the applicable constitutional and statutory framework and directions issued by the competent authorities.
So, if Gyanesh Kumar were to resign, there would not be an automatic appointment of another individual as CEC. The next CEC would have to be formally appointed by the President through the process laid down under the 2023 law.
