Mamata seeks arrest of CEC Gyanesh Kumar, demands fresh West Bengal polls

Former West Bengal Chief Minister and Trinamool Congress (TMC) chairperson Mamata Banerjee on Wednesday demanded the arrest of Chief Election Commissioner Gyanesh Kumar and fresh Assembly elections in West Bengal, alleging that votes had been "stolen" in the recent polls.

Addressing a virtual press conference, Ms. Banerjee said the country was in "turmoil" over the functioning of the Chief Election Commissioner and that her "first demand" was that he be arrested and criminal proceedings initiated against him.

"Re-election must be held in West Bengal with the old voter list," she said, adding that Opposition parties were united in their stand against the Election Commission (EC).

What prompted the remarks

Her comments followed a report in The Indian Express stating that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had purportedly red-flagged multiple issues during the Special Intensive Revision (SIR) of electoral rolls in several States. The claims in that report have not been independently verified by this publication.

Ms. Banerjee said a nationwide protest would be held against the Chief Election Commissioner, and that leaders of the Opposition INDIA bloc would meet soon over the issue. "All parties, including regional parties and INDIA alliance parties, are together in this battle... This is no longer merely about impeachment; criminal action is required," she said, adding that her party had raised these concerns seven to eight months before the election.

She demanded action not only against the Chief Election Commissioner but also against those in the government and the EC whom she held responsible. She further claimed that her party's symbol had been withdrawn because of her protests against the EC's actions.

Call for court-monitored probe

Diamond Harbour MP and TMC general secretary Abhishek Banerjee called for a court-monitored investigation against the Chief Election Commissioner. "The CEC must be removed immediately, and a court-monitored investigation ordered. Disenfranchising lakhs of voters to allegedly benefit one political party strikes at the very foundation of our democracy. Those responsible must be held accountable," he said.

Both leaders said they had raised questions about EC official Seema Khanna in December 2025. Mr. Banerjee had then questioned her role in the EC's technology systems, claiming she was involved in managing the EC application.

He said that during the West Bengal Assembly elections, all parties of the INDIA bloc had written to the Chief Justice of India and other Supreme Court judges raising serious concerns, but claimed these were neither examined nor given the scrutiny they deserved. "The Supreme Court cannot look away. The buck stops there," he said.

Constitutional position

Under Article 324(5) of the Constitution, the Chief Election Commissioner can be removed from office only in the manner and on the grounds applicable to a judge of the Supreme Court, which requires a parliamentary impeachment process. No Chief Election Commissioner has been removed through this route since the provision came into force.

The Election Commission has described the SIR as an exercise to remove dead, shifted, duplicate and ineligible entries from the electoral rolls, and has maintained that eligible voters will not be struck off. Opposition parties, including the TMC, have argued that the exercise risks disenfranchising genuine electors.

The allegations made on Wednesday have not been established before any court, and the individuals named have not been convicted of any wrongdoing. The demands raise questions of law and procedure that would ultimately fall to be examined by constitutional courts.