Trouble seems to be mounting for Jharkhand Chief Minister Hemant Soren as the Election Commission has today recommended that the Chief Minister be disqualified as an MLA for violating electoral law by extending a mining lease to himself, according to EC sources.
The Election Commission is said to have sent its recommendations to the Jharkhand Governor Ramesh Bais in a sealed cover this morning after a disqualification plea. The Jharkhand governor was the one who referred the matter to the poll panel.
Hement Soren however denied the claims about the disqualification and issued a statement saying, “was apprised of several media reports about ECI sending a report to the Jharkhand Governor ‘recommending disqualification as a MLA’. No communication in this regard has been received by CMO from either ECI or the Governor.”
The Chief Minister also said, “It apparently seems that BJP leaders including a BJP MP and his puppet journalists have themselves drafted the ECI report, which is otherwise a sealed cover report. This blatant misuse of constitutional authorities and public agencies and its complete takeover by BJP HQ in Deendayal Upadhay Marg in this shameful manner is unseen in Indian Democracy.”
According to sources, if Hemant is disqualified, JMM MLAs might be taken to Chattisgarh or Bengal and Congress MLAs might be taken to Jaipur.
The key petitioner in the case – the BJP – has sought Soren’s disqualification for violating section 9 A of the Representation of the People Act, 1951, which deals with disqualification for government contracts.
The petition also argues that under Article 192 of the Constitution, if any question arises as to whether a member of a House of the Legislature of a state has become subject to any of the disqualifications, the question shall be referred to the governor whose decision shall be final.
The hearing in the mine leasing case in which the BJP accuses Hemant Soren began earlier this month. On August 12, the legal team of Soren concluded its arguments before the Election Commission following which the BJP — the petitioner in the case — gave a rejoinder. On August 18, both the sides submitted their written submissions to the poll panel.
The BJP has put pressure on Soren accusing him of misusing his office for personal gains. The BJP has also alleged that Soren’s act amounts to violation of Representation of the People Act, 1951, which may result in his resignation. The JMM however hit back, saying merely owning a mining lease doesn’t come under office of profit, as the quarry was not operational.
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