On Thursday (August 25), the Election Commission recommended the disqualification of the Jharkhand Chief Minister Hemant Soren as a member of the State Legislative Assembly. In a report submitted to the governor of Jharkhand, EC recommended that Hemant Soren should be disqualified from the post of MLA. This effectively means that Soren will have to resign from the post of chief minister.
As per reports, the nodal election body informed that Soren used his Chief Ministerial position to award a stone mining lease to himself in June 2021. The matter was initially raised by the Opposition BJP with State Governor Ramesh Bais.
He then referred the issue to the Election Commission. This was done in accordance with Article 192 of the Indian Constitution, which states that as the governor must “obtain the opinion of the Election Commission and shall act according to such opinion” in case of an MLA’s disqualification.
मेरे उपर हेमंत जी ने 36 तरह के केस दर्ज करवाया और आज मुख्यमंत्री के कुर्सी और हेमंत जी में 36 का आंकड़ा होता नज़र आ रहा है।राज्य में लोकतंत्र की लड़ाई लड़ हमने जीत की तरफ कदम रखा है।इतिहास दोहरा गया मधु कोडा भाग दो। pic.twitter.com/N6zA9xiEGe
— Dr Nishikant Dubey (@nishikant_dubey) August 26, 2022
Following political outcry about the matter, Hemant Soren surrendered the land and Jharkhand Advocate General even told the State High Court that it was a mistake by the State government.
Citing sources, several media houses have reported that the EC recommended the Jharkhand Governor to disqualify Soren. The nodal election body issued a notice to the Chief Minister in May 2022 for prima-facie violation of Section 9A of the Representation of People’s Act [pdf].
The said rule prevents MLAs/ MPs from entering into a contract with the government for the supply of goods by it. However, disqualification under Section 9A will remain effective as long as the contract is in force.
JMM is confident about the return of Hemant Soren
As such, Hemant Soren can tender his resignation and technically be sworn in as the Chief Minister again, with the condition that he wins a by-poll within the next 6 months. He is the MLA of the Barhait Vidhan Sabha constituency of Jharkhand.
The Jharkhand Mukti Morcha (JMM) is however confident that the ongoing controversy will not have any impact on the State’s ruling dispensation.
The party’s general secretary Supriyo Bhattacharya remarked, “We taught them a lesson in the 2019 assembly polls and four by-elections in Jharkhand. Let them do all the conspiracy they want to… Public support is with us as the Hemant Soren government has fulfilled all its promises.”
Currently, Congress has 18 members, RJD has 1 and JMM has 81 seats in Jharkhand Vidhan Sabha. The Opposition BJP has 26 members in the State Assembly.