The fate of Jharkhand Chief Minister hangs in the balance, with the Hemant Soren government calling a special session of the state assembly where the ruling coalition could move a “confidence motion” and put the opposition Bharatiya Janata Party (BJP) on the backfoot. . ,
Amid fears of poaching, the Jharkhand Mukti Morcha (JMM) and its allies last week shifted some of their MLAs to a resort in Congress-ruled Chhattisgarh. He has accused the BJP of trying to topple the government in Jharkhand.
Earlier on Thursday, leaders of the ruling coalition had told Governor Ramesh Bais that “leaks” from the Raj Bhavan were “causing political instability” amid uncertainty over Hemant Soren’s leadership. The leaders also complained about alleged attempts by the BJP to buy out legislators of the ruling coalition, as well as asking the governor to “clear the air”. Election View of the Commission on the disqualification of Soren as an MLA.
The BJP had filed a petition seeking disqualification of Soren from the Assembly in an office of profit case relating to a mining lease. The Election Commission sent its decision on the matter to Bais on August 25, and it is yet to be made official. However, there is buzz that the Election Commission had recommended the disqualification of the CM as an MLA. The Raj Bhavan has not officially announced anything on the matter since then.
However, the ruling coalition insisted that the disqualification of the CM as an MLA would not affect the government, as it enjoys an absolute majority in the 81-member assembly.
How the numbers increased in the Jharkhand Legislative Assembly
JMM is the single largest party in Jharkhand Assembly with 30 MLAs, followed by BJP with 26 MLAs. Congress has 18 MLAs, All Jharkhand Students Union (AJSU) has two MLAs, while RJD, CPI(ML), NCP have one MLA each. The JMM-led alliance has 49 MLAs which is more than enough to secure a comfortable victory in the trust vote.
Meanwhile, the Congress has sent a letter to Speaker Rabindra Nath Mahato, seeking the disqualification of three of its MLAs under the anti-defection law. On July 30, West Bengal Police arrested Congress MLAs Irfan Ansari, Naman Bixal Kongari and Rajesh Kachhap from Howrah.
According to news agency PTI, The Speaker may consider a case related to anti-defection allegations against BJP MLA and former Chief Minister Babulal Marandi. The speaker had initiated anti-defection proceedings in December 2020 when Marandi merged his Jharkhand Vikas Morcha (Prajatantrik) with the BJP in February that year and was unanimously elected the leader of the BJP legislature party.
How did the crisis start?
In February, BJP’s former Jharkhand chief minister Raghubar Das accused Soren of allotting a mining lease for a stone quarry spread over 0.88 acres in Ranchi’s Angara block to a company organized by him in May 2021 and getting clearance in June last year. Put it.
Shivshankar Sharma, an RTI activist, filed two PILs seeking CBI and ED probe into the Jharkhand mining scam. Soren is also accused of investing in shell companies.
The BJP then approached the Governor and sought the disqualification of Soren for giving himself the lease. The Governor, in turn, wrote to the Election Commission for its opinion under Article 192 of the Constitution.
Soren’s disqualification has also been sought for contravention of Section 9A of the Representation of the People Act, 1951, which mandates that elected representatives enter into any contract with the government for “supply of goods” or “performance of any act”. prevents doing.
In May this year, the Election Commission had issued a notice to Soren seeking his reply on the complaint. News18 had earlier reported that Soren’s legal team completed its arguments before the Election Commission on August 12, following which the BJP responded. On 18 August, both the sides gave their written arguments to the Election Commission.
What is the concept of office of profit?
The concept was introduced to prevent conflicts of interest among members of parliament and legislatures, who primarily hold the government accountable to the executive. Holding an office of profit is seen to make them vulnerable to government influence and may hinder their ability to perform their role properly.
It has its origins in the British parliamentary model, which considers certain non-ministerial offices incompatible with membership of the Parliament.
The Constitution provides for disqualification of MPs to hold office of profit under Article 102(1). As per the interpretation of court rulings, an office which brings to the officeholder, who is also a legislator, financial gain or profit or profit, can be defined as an office of profit, reports Hindustan Times.
What is Soren’s defense?
Soren’s lawyers told the Election Commission that the mining lease was not executed and they sought cancellation of consent to operate it in February, meaning they did not get any benefit from the lease. Soren argued that Section 9A is not applicable in this case as the mining lease is not a government contract.
What are Soren’s options now?
If the governor declares disqualification, Soren loses his assembly membership. This means that he and his cabinet will have to resign. However, since the chief minister’s chair does not require being an MLA, Soren can easily take back his crown.
There is some confusion. If an MLA is disqualified under the anti-defection law, he cannot be a minister until he is re-elected as an MLA. But in Soren’s case, the disqualification is not under the Anti-Defection Act but under Section 9A of the Representation of the People Act. Whether one needs to be re-elected for this also has not yet been decided by any Constitutional Court.
After Soren’s seat falls vacant, the Election Commission has to hold a by-election within six months. Soren can contest again and get back the seat. However, the JMM-Congress alliance may have to choose someone else to become the chief minister if it is unable to hold on to the chair by then. Soren may return as chief minister later.
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