The Chief Minister of Jharkhand has been dismissed as an MLA in the state Assembly by the ECI over a mining lease contract.
The BJP has petitioned for his disqualification for violating section 9 A of the Representation of the People Act, 1951 which says that 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.
Despite Soren cancelling the lease on February 11th 2022, however, the court found it objectionable and directed him to file an affidavit.
This month hearing in the mining lease case began. On August 12, Soren’s legal team wrapped up their presentation to the Election Commission, and the BJP, the case’s petitioner, then responded. On August 18, both parties delivered written responses to the ECI.
The issue was referred to the governor and by him to the EC, as Article 192 of the Constitution states that on rulings regarding an MLA’s disqualification, the question shall be referred to the governor who in turn “shall obtain the opinion of the Election Commission and shall act according to a such opinion”.
BJP MP Nishikant Dubey had on Thursday stated “the Election Commission letter has reached the governor. I had announced that it will be done within August”.
The Jharkhand Assembly consists of 81 members and the UPA has 49 MLAs with Soren’s party Jharkhand Mukti Morcha with 30 seats and Congress with 18. The main opposition force in the assembly is that of the BJP as they have 26 legislators.
Thus the disqualification of Soren as an MLA will not cause any tremors in the composition of the State Legislature as the coalition partners of the UPA have claimed that there was no threat to the government.
