Amid uncertainty over the state assembly membership of Jharkhand Chief Minister Hemant Soren, the Election Commission (EC) has sent its opinion on the disqualification of Hemant's brother Basant Soren to Governor Ramesh Bais.
The Sorens face disqualification in an office of profit case. Basant is an MLA from Dumka constituency.
Earlier the EC had sent its opinion to Bais on the disqualification of Hemant but there has been no word from the Raj Bhavan over what it is. However, it has earlier been reported that the EC has recommended the disqualification of Hemant.
"The opinion on Basant Soren has been sent to the Jharkhand Governor on Friday. The contents of the communication are not known," the EC official told PTI in New Delhi. A source in Raj Bhavan in Ranchi also confirmed on Saturday that the Governor is in receipt of a recommendation concerning Basant Soren.
It's alleged that Hemant allegedly procured stone mining leases in his name while being the chief minister and holding the mines portfolio. His brother Basant, on the other hand, is accused of having suppressed information about his association with a mining company in which he is a director. The Bharatiya Janata Party (BJP), the complainant in both cases, has sought disqualification of the Soren brothers from the assembly under provisions of the Representation of the People Act.
The issue was referred to the governor and by him to 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".
Amid suspense over Hemant's continuance as an MLA, Bais went to Delhi on September 2 and returned to Ranchi on September 8. He went to Delhi a day after assuring Sorens' Jharkhand Mukti Morcha (JMM)-led MLAs at a meeting that he will clear all doubts regarding Hemant soon.
In a joint statement on August 28, Jharkhand's ruling coalition, also comprising the Congress and Rashtriya Janta Dal (RJD) besides the JMM, had accused Bais of encouraging political horse-trading by “deliberately delaying” announcing the decision.
Later, the United Progressive Alliance (UPA) took its MLAs to a resort in Congress-ruled Chhattisgarh on August 30 as JMM was afraid that the BJP may attempt to poach legislators from the party and also from the ally Congress in a bid to topple the government. They returned to Ranchi on the evening of September 4 to attend a special session of the assembly the next day in which the Hemant Soren government won a confidence vote.
The UPA has claimed that disqualification of Hemant as an MLA will not affect the government, as the ruling coalition enjoys an absolute majority in the 81-member House. The JMM is the largest party in the state assembly with 30 MLAs. The Congress has 18 MLAs and the RJD has one MAL. The main Opposition BJP has 26 MLAs in the House.
(With PTI inputs)
