The controversy has sparked animated political conversations in Jharkhand for some time, but the Election Commission’s reference to the Raj Bhavan has escalated it to a more serious level.
“The reference to us is made under Article 192 of the Constitution which authorizes the Governor to take a decision on the disqualification of an elected member on the basis of the opinion of the Election Commission. We will take up the issue keeping in view the various provisions of the law. Will look at it as a whole.” An official said on condition of anonymity.
The matter pertains to the stone quarry mining lease (letter of intent) given to Hemant Soren in June 2021 by the District Mining Department for 0.88 acres of land in Angara block of Ranchi district.
Section 9 and Section 8A of the Representation of the People Act, 1951 provide for the disqualification of an elected representative on account of corrupt practices and government contracts and supplies while in office.
The election panel will also look into the issue under the provisions of the Constitution which details disqualifications to hold office of profit.
The Election Commission this week has written to the state government to ascertain all the facts relating to the reference on the allotment of mining leases by Governor Ramesh Bais to the Chief Minister last year.
BJP leaders, including former chief minister Raghubar Das, had made representations on the matter to the governor, who in turn sent a reference to the ECI under Article 192 of the Constitution. This provision authorizes the Governor to take a decision on the disqualification of the elected member on the basis of the opinion of the voting panel.
In a letter sent to the state chief secretary, the Election Commission has sought details of the terms and conditions of the lease besides verification of documents related to mining licenses to ascertain whether an arm’s length was maintained in the process. was or not.
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