EC to scrutinise Jharkhand CM Hemant Soren under disqualification clauses; inquiries begin

While the controversy has kicked up animated political conversation in Jharkhand for a while, Raj Bhawan’s reference to the EC has catapulted this to a more serious level.

“The reference to us has been made under Article 192 of the Constitution which authorises the Governor to make a decision on disqualification of an elected member based on the EC’s opinion. We will look at the issue holistically keeping various provisions of law in mind,” said an official on condition of anonymity.

The issue relates to a stone quarry mining lease (Letter of Intent) granted in June 2021 by the District Mining Department to Hemant Soren for 0.88 acres land in Angara block of Ranchi district.

Section 9 and Section 8A of the Representation of People’s Act, 1951 provide for disqualification of an elected representative on account of corrupt practices and in government contracts and supplies while in office.

The poll panel will also look at the issue under provisions in the Constitution which detail disqualification for holding an office of profit.

The poll panel has this week written to the state government to ascertain all facts related to the reference by Governor Ramesh Bais over allocation of the mining lease to the CM last year.

BJP leaders, including former chief minister Raghubar Das, had made representations to the Governor on the matter who in turn sent a reference to the ECI as provided under Article 192 of the Constitution. This provision authorises the Governor to take a decision on disqualification of an elected member based on the opinion of the poll panel.

In a communication to the state Chief Secretary, the ECI has sought authentication of the documents related to the mining licence besides details of the terms and conditions of the lease granted to ascertain if an arm’s length was maintained in the process.