EC gives 10 days time to Jharkhand CM
Ranchi, May 10: Jharkhand Chief Minister Hemant Soren Tuesday has sought a four-week extension of time from the Election Commission to reply to its notice over charges that he issued a mining lease in the state in his favour.
The EC had issued the notice to Soren on May 2 asking him to reply to it by May 10.
“The chief minister has requested EC that he should be given the opportunity of personal hearing by the Commission 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,” said sources in the chief minister’s office.
The poll panel has received a representation from Jharkhand Governor Ramesh Bais on the issue of misuse of office by the chief minister and will send its opinion to him.
If the charges are proved, he may stand to be disqualified as a member of the state assembly.
“I deny and dispute all allegations of 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 said in the letter to EC sent on May 5.
Section 9A of the Representation of the People Act deals with disqualification of a lawmaker for government contract.
In the letter to the EC, Soren said he has not been able to engage suitable legal counsel as he was compelled to be in Hyderabad, except for a short absence when he attended the Conference of Chief Ministers and Chief Justices of India with Prime Minister Narendra Modi in New Delhi on April 30, as his 67-year-old mother is critically ill for about eight months and had to be airlifted on April 28, 2022 from Ranchi to Hyderabad for better medical treatment.
“She is presently under treatment in the ICU of AIG Hospital at Hyderabad. In order to ensure her proper medical treatment, I have also been presently, more or less, compelled to stay in Hyderabad …. In the above circumstances, I have not been able to engage suitable legal counsel to present my defence effectively before the Commission in a matter which so vitally effects my future political career and social life,” the letter states.
He wrote again to the EC on May 9 requesting it “to communicate its acceptance for my prayer for extension of time and oblige.” In the letter, Soren said, “I further submit that I would like to be afforded opportunity of personal hearing by the Hon’ble Commission through my legal counsel before the Hon’ble Commission formulates its opinion in the matter for tendering it to the Hon’ble Governor of Jharkhand under Article 192(2) of the Constitution of India.” Last week, Soren had told Jharkhand High Court with regard to a public interest litigation that political rivals are behind the PIL on the issue of granting mining lease to him with the motive to destabilise the democratically elected government in the state.
The chief minister in his affidavit in High Court has said that the contents of the PIL are akin to the letters and statements made by BJP accusing him of misusing his office of chief minister, but accepted that he was granted a lease for mining stones on 0.88 acres in Angarha block in Ranchi district.
Soren in his affidavit 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 disqualification of his membership from the Assembly and the PIL should be dismissed with exemplary costs, it added