Jharkhand CM mining lease case: Jharkhand Chief Minister Hemant Soren is likely to get disqualified from the assembly, as Jharkhand Governor Ramesh Bais will soon announce the report sent to him by the Election Commission. BJP had sought his disqualification as MLA and accused him of extending himself a mining lease. The opinion was sent to the Jharkhand Raj Bhavan in a sealed cover this morning, and Bais will announce the opinion shortly. He had referred the matter to the poll panel.
Despite reports that ECI has sent its report to the Governor saying he will get disqualified as MLA, CM Hemant Soren's office said that he hasn't been informed of any such thing. Meanwhile, Ramesh Bais has left for Delhi, and it is likely that he will announce what is written in the EC report at around 3 pm today.
The Chief Minister's office stated, "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."
Earlier, the Jharkhand chief minister's team had asserted before the poll panel that the provisions in the election law, which he has been accused of violating, do not apply in the case.
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, the two sides submitted their written submissions to the poll panel.
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. "Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion," it reads.
Soren's counsel said during the arguments that the cases are not covered under Section 9 A of the Representation of the People Act, 1951, which deals with ‘disqualification for government contracts'.
"They argued for nearly two hours. Following which we gave our rejoinder and showed it is a matter of conflict of interest and there are a series of judgments of the Supreme Court which cover this (case)," BJP's counsel Kumar Harsh told reporters after the Election Commission hearing on August 12.
(agency inputs)
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