Jharkhand Governor didn’t ask us for second opinion: EC to Soren

Bais is yet to make the decision public, leaving Soren’s membership of the Jharkhand Assembly hanging in the balance.

This is a combination image of Jharkhand Chief Minister Hemant Soren (L) and Governor Ramesh Bias (R). The alleged office of profit case is the latest dispute between them. (FILE)

The Election Commission (EC) on Monday told Jharkhand Chief Minister Hemant Soren that the state’s Governor, Ramesh Bais, had not sought a second opinion from the poll panel in the office of profit charge against him, EC sources said.

Soren had written to the EC on October 31, asking whether Bais had sought a second opinion in the matter, and if so, he should be given a chance to respond, a top EC official said.

On October 26, Bais had said in a TV interview that he had asked for a “second opinion”, although he did not mention the EC. He had said that an “atom bomb” could go off any day in Jharkhand.

In its letter to Soren’s lawyer Vaibhav Tomar on Monday, the EC stated there was “no communication from the office of the Hon’ble Governor subsequent to the rendering of the opinion by the Commission”. The EC also referred to Article 192 of the Constitution, which states that the Governor “shall obtain” the EC’s opinion before taking a decision on disqualifying an MLA and “shall act according to such opinion”.

Bais had sent a representation to EC earlier this year, based on BJP’s complaint that Soren allegedly allocated a mining lease to himself while holding the Mines portfolio. After examining the charge and hearing both parties, the EC had sent its recommendation in the case to the Governor in August.

Also Read: | ‘Illegal mining’ case: Relief for Hemant Soren as Supreme Court sets aside Jharkhand HC order

Bais is yet to make the decision public, leaving Soren’s membership of the Jharkhand Assembly hanging in the balance.

The Indian Express had reported on October 28 that EC had not received any representation from Bais for a second opinion in the matter. Former EC legal adviser S K Mendiratta had said that to his knowledge no Governor had ever sent back the EC’s opinion or asked for a second opinion, and that under the Constitution, only the poll panel could give an opinion.

Damini Nath

Damini Nath is an Assistant Editor with the national bureau of The Indian Express. She covers the housing and urban affairs and Election Commission beats. She has 11 years of experience as a reporter and sub-editor. Before joining The Indian Express in 2022, she was a reporter with The Hindu’s national bureau covering culture, social justice, housing and urban affairs and the Election Commission. Expertise Key Coverage Areas: Damini Nath currently specializes in reporting on two crucial beats: Housing and Urban Affairs: Providing in-depth analysis and reporting on India's urban development, policy, and housing issues. Election Commission (EC): Offering authoritative coverage of electoral processes, policies, and the functioning of India's constitutional body responsible for conducting elections. Professional Background: Her extensive experience includes roles as a reporter and sub-editor, demonstrating a comprehensive understanding of the journalistic process from fieldwork to final production. Previous Role: Before joining The Indian Express in 2022, she served as a dedicated reporter with The Hindu’s national bureau, where her reporting portfolio included: Culture Social Justice Housing and Urban Affairs The Election Commission beat (a consistent area of focus). Trustworthiness Damini Nath's decade-plus career at two of India's most respected and authoritative news institutions, The Indian Express and The Hindu, underscores her commitment to factual, impartial, and high-quality reporting, establishing her as a trusted and credible source for news on urban governance and electoral matters. ... Read More

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