Who will be Jharkhand's new CM? EC likely to disqualify Hemant Soren as MLA in Office-of-Profit case

NEW DELHI/RANCHI: Amid suspense over the continuation of Jharkhand Chief Minister Hemant Soren, the Election Commission is likely to issue a notification on his disqualification as MLA, sources said on Monday. According to sources, the apex poll body has decided to initiate the disqualification proceedings against Hemant Soren as MLA on the basis of a report submitted by the Jharkhand Governor.

Jharkhand Chief Minister Hemant Soren is most likely to be disqualified as an MLA for allegedly violating electoral norms by extending a mining lease to himself. The BJP, the petitioner in the case, has sought Hemant Soren's disqualification for violating Section 9(A) of the Representation of the People Act, 1951, which deals with disqualification for government contracts.

Allegations of horse-trading and poaching of MLAs

Meanwhile, the Congress-led UPA charged the Governor with encouraging political horse-trading by deliberately delaying announcing a decision on the CM's membership in the legislature. After a series of meetings, coalition partners JMM, Congress and RJD in a joint press conference urged Jharkhand Governor Ramesh Bais to clear the confusion prevailing in the state for the past four days.

"If there is any report from the EC (ruling Soren should lose legislature membership on account of a mining lease renewal during his last term as CM), the Governor should make it public and announce his decision. Developmental works are being hampered due to the confusion," senior JMM MLA and minister Champai Soren told the press conference.

Stating that the ruling coalition is ready to face any situation, Congress leader and minister Banna Gupta requested the Governor to clear the confusion. Later, in a joint statement, the UPA MLAs said, "Does Raj Bhavan want to fuel horse-trading by buying time (in making the decision public)? ... What is the legal advice that he is not able to take? This is an insult to democracy and the people."

Raj Bhavan sources maintained that Bais is likely to take a call on the matter on Monday. The CM's party Jharkhand Mukti Morcha suspects that the BJP may make a serious attempt to poach MLAs from it and the Congress in a bid to topple the government in a manner ''similar to Maharashtra.''

What is the case involving Hemant Soren?

Following a petition by the BJP seeking the CM's disqualification from the Assembly in an office of profit case, the EC sent its decision to state Governor Ramesh Bais on August 25. Though the EC's decision is not yet made official, there was a buzz that the poll panel has recommended Hemant Soren's disqualification as an MLA.

The BJP has sought Soren's disqualification for violating Section 9 (A) of the Representation of the People Act, 1951, which deals with disqualification for government contracts. The clause states 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.'

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 such opinion.'

The JMM, the largest party, has 30 MLAs, the Congress 18 legislators, and the RJD one. The main opposition BJP has 26 MLAs in the House.