On disqualification plea against Jharkhand CM Hemant Soren, Election Commission sends opinion to Governor

However, Soren said that no communication in this regard has been received by the Chief Minister’s Office from either the Election Commission or Governor Ramesh Bais. “It seems BJP leaders… puppet journalists have themselves drafted ECI report, which is otherwise a sealed cover report… blatant misuse of constitutional authorities, public agencies and its complete takeover by BJP HQ…  is unseen in Indian Democracy,” the Chief Minister said.

“The Commission’s opinion was dispatched by the morning flight. This will be notified by the Governor whenever he deems it right,” an EC source told The Indian Express.

In May, the poll watchdog had issued a notice to Soren seeking his response to the complaint stating that the CM had, prima facie, violated Section 9A of the Representation of People’s Act, which deals with disqualification for government contracts.

Under Section 9A of the Representation of People’s Act, a person who has a subsisting contract with the Government is not qualified for being chosen as a member. And hence, an elected member who entered into a contract with the government for “supply of goods” or “for the execution of any works undertaken by the government” is liable for disqualification.

The BJP has alleged that Soren, while heading the mining department, allotted a stone chips mining lease to himself in 2021 flouting the office of profit norms. The BJP has accused Soren of allocating a mining lease to himself, his political advisor Pankaj Mishra, and press advisor Abhishek Prasad, while holding charge of the state mining department.

The ruling party at the Centre has also made a representation to the governor, who forwarded it to the EC under Article 192 of the Constitution. Under Article 192, the governor can decide on disqualifying an elected member of the state Assembly on the poll panel’s opinion.