Explained: A mining lease and the troubles it has brought for the Hemant Soren government in Jharkhand

New political drama broke out in Jharkhand on Thursday — a move that could topple the Hemant Soren-led government as the Election Commission recommended that the chief minister be disqualified as an MLA for violating electoral law by extending a mining lease to himself.

Raj Bhavan sources, as per a PTI news report, said that the recommendation was made to Jharkhand Governor Ramesh Bais but there has been no official confirmation of the news yet. In fact when asked about the development, Bais told mediapersons that he will be in a position to comment on the issue once he takes stock of developments. “I was in AIIMS, Delhi for two days. I will be in a position to tell about any such decision when I reach Raj Bhavan,” he said.

Chief Minister Hemant Soren denied claims about the disqualification and slammed the Bharatiya Janata Party (BJP), saying: “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.”

His party, the Jharkhand Mukti Morcha (JMM) — the largest party in the Assembly with 30 MLAs — also said that they would move court, if needed.

Here’s a lowdown on exactly what the matter is all about and if the Soren government will fall.

What’s happened so far?

The entire controversy stems from the issue of Chief Minister Hemant Soren allegedly misusing his power to allot a stone mining lease to himself last year. Incidentally, Soren heads the state’s mining department.

The BJP’s Raghubar Das, former Jharkhand chief minister, in February accused Soren of allotting the mining lease for a stone quarry, spread over 0.88 acres in Ranchi’s Angara block, to a company held by him in May 2021 and it getting clearance in June last year.

Following this, the BJP approached the governor and sought Soren’s disqualification for granting the lease to himself. The governor then wrote to the Election Commission under Article 192 of the Constitution for its opinion.

The BJP have also sought Soren’s disqualification for violating Section 9A of the Representation of the People Act, 1951, which prohibits elected representatives from entering into any contract with the government for “supply of goods” or “execution of any works undertaken” by it.

The EC had issued a notice to Soren in May this year, seeking his response to the complaint. According to a News 18 report, on 12 August, the legal team of Soren concluded its arguments before the Election Commission following which the BJP gave a rejoinder. On 18 August, both the sides submitted their written submissions to the poll panel.

What happens next?

As per the law, the governor is bound by the EC’s opinion, as the latter serves as a quasi-judicial body in such matters.

This means that if the EC disqualifies Soren, the Governor will have no choice but to follow suit. If that happens, the chief minister can go to the Supreme Court against the EC’s move.

However, the JMM has asserted that Soren will complete his full term and fulfil all promises made to the people.

The JMM also attacked the BJP. Reacting to media reports stating that the EC had recommended disqualifying Soren from Assembly, the JMM in a tweet said: “Have constitutional institutions sold themselves? How is it that the information carried inside the sealed envelope of the Election Commission is known to BJP MP, BJP leaders and so-called journalists of Godi Media? Should the name of the Election Commission be changed to BJP Commission?”

The Chief Minister’s Office also released a statement, saying they have received no communication form either the EC or governor.

“The chief minister is apprised of several media reports about ECI sending a report to hon’ble Governor -Jharkhand ‘apparently recommending his disqualification as an MLA’. No communication in this regard has been received by CMO from either ECI or governor,” it read.

The Congress, who is in alliance with the JMM in the state, also accused the BJP of trying to destabilise the state government from day one.

AICC general secretary in-charge of Jharkhand Avinash Pande in a PTI report said the Congress will welcome whatever decision the Election Commission takes on the matter.

“However, it is not hidden from anyone that from the day the ‘Mahagathbandhan’ government was formed in Jharkhand, the BJP has been making efforts to weaken and displace it including by misusing constitutional institutions such as the Enforcement Directorate, the Central Bureau of Investigation and others.

“It is trying to create obstacles in development work using the constitutional institutions,” he was quoted as saying.

“After the decision, all alliance partners will hold discussions and devise a strategy on the way forward,” Pande said.

With inputs from agencies

Read all the Latest News, Trending News, Cricket News, Bollywood News,
India News and Entertainment News here. Follow us on Facebook, Twitter and Instagram.