By PTI
NEW DELHI/RANCHI: The Election Commission is learnt to have asked Jharkhand Chief Minister Hemant Soren to appear before it in person or through his counsel on May 31, after going through his response on the mining lease allotment matter.
The poll panel gave a notice to Soren seeking his stand on the charge that he issued a mining lease in the state in his favour, after it had received a representation from the state governor.
Sources aware of the development said that after going through Soren’s reply, the poll panel has asked him to appear before it either in person or through his counsel on May 31.
The commission would hear him or his lawyers before taking the next step.
In other words, the EC would turn into a quasi-judicial body and hear the case.
The EC will send its opinion to Jharkhand Governor Ramesh Bais.
The poll panel issued the notice to Soren keeping in mind Section 9A of the Representation of the People Act which deals with disqualification of a lawmaker for government contract.
“A person shall be disqualified if, and for so long as, there subsists a contract entered into by him in the course of his trade or business with the appropriate government for the supply of goods to, or for the execution of any works undertaken by, that government,” reads the section.
The commission, prima facie, has found he violated provisions of Section 9A.
Soren’s reply to the Election Commission was sent through a special messenger on Thursday and received at its office on Friday, said JMM central general secretary and party spokesperson Supriyo Bhattacharya.
Earlier on May 10, Soren had sought a four-week extension from the Election Commission to reply to its notice, but was given 10 days.
Soren has rejected the charges made against him.
In an interview to PTI, the chief minister had said he had also requested the EC to give him the opportunity of personal hearing “through my legal counsel before it formulates its opinion in the matter for tendering it to the Governor of Jharkhand under Article 192(2) of the Constitution of India”.
If the charges are proven, Soren may stand disqualified as a member of the state assembly.
“I deny and dispute all allegations of the BJP about my alleged disqualification for being a member of the Jharkhand Legislative Assembly on the ground of a mining lease, obtained by me in May 2021, under Section 9A of the Representation of People Act, 1951 or any other ground whatsoever and deny all allegations by BJP that I had misused my office to obtain mining lease, Soren had said in his letter to the poll panel.
He had recently told the Jharkhand High Court that his political rivals are behind a public interest litigation over the issue of granting mining lease to him to destabilise his democratically elected government in the state.
In his affidavit in the high court, the chief minister accepted he was granted a lease for mining stones on 0.
88 acres in Angarha block in Ranchi district, but said the contents of the PIL are akin to the letters and statements made by BJP leaders accusing him of misusing his office of chief minister.
He also claimed that he has not derived any profit or gain from the mining lease while he has been the chief minister of the state since 2019 and no mining activity has been carried out in the land as the consent for it has not yet been granted by the Ranchi deputy commissioner.
The granting of the mining lease cannot be a reason for the disqualification of membership from the assembly and the PIL should be dismissed with exemplary costs, he demanded in the affidavit.
The issue has already triggered a political controversy in the mineral-rich state.
