The Election Commission has said that the notice was sent following a reference from the Governor to the representation of BJP MLAs in Jharkhand on the issue. The Election Commission said the state chief secretary in his reply to the poll panel had confirmed the facts on the ownership of the mining lease. Under this, the CM has been asked why he should not be disqualified.
Hemant Soren was issued a stone quarry mining lease for 0.88 acres in Angara block of Ranchi district in June 2021 by the District Mining Department. Governor Ramesh Bais recently referred the matter to the Election Commission 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 advice of the Election Commission.
ET was the first to report that the EC was probing the reference of governors under Section 9A of the RPA, 1951, which attracts disqualification for legislators on the ground of owning government contracts, etc. The provision states that a person shall be disqualified, and for so long as, “for the supply of goods to that Government, or for the performance of any act done by that Government in his association with the appropriate Government.” exists a contract entered into by him in the course of business or business”.
The terms of the contract with the state government as part of the mining lease license allotted to Soren in June 2021 were studied under the same clause. The excavation of mines and minerals is leased by the government and usually involves revenue sharing which is mostly read as ‘contract’.
An army of lawyers is ready to defend the case before the Election Commission and the Jharkhand High Court, which is hearing the matter. In the Election Commission, the exercise may also include hearings before the matter is finalized and sent to the Governor. A PIL has been filed in the HC on the matter, alleging abuse of office was also a case of ‘office of profit’ and disqualification should be initiated against the sitting CM in both the cases.
The state government has argued in court that the mining lease was given to the CM in error and surrendered, but the HC issued a notice on April 8. BJP leaders including former Chief Minister Raghubar Das had made representations to the Governor on the matter. , The complaints allege that in September 2021, the State Environment Impact Assessment Authority granted environmental clearance to Soren for mining in the Angara stone deposit, as seen in the authority’s minutes and according to a PIL filed in the HC in February. The District Mining Office approved the progressive mine closure plan for the same in July 2021. Soren handled the portfolio of Mines and Environment during the period when agencies under the departments approved mining proposals.
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