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31 Jan, 2023
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Hemant Soren

Jharkhand Governor To Disqualify Hemant Soren’s Assembly Membership

On Thursday, the Election Commission has sent its opinion to Jharkhand Governor Ramesh Bias who asked for the recommendation to disqualify Chief Minister Hemant Soren as an MLA. As per the sources, the matter came into the Governor’s cognizance following an investigation, in which it was alleged that the CM violated electoral laws by allegedly extending a mining lease to himself.

To address the Governor’s query, the Election Commission concluded hearings recently. And based on its investigation, the EC sent its opinion to Jharkhand Raj Bhawan in a sealed cover on Thursday Morning, as revealed mentioned by the sources.

What Was The Case Against Hemant Soren?

According to the complaint filed by the state BJP members, CM Hemant Soren misused his position when he was Mining and Forest Minister in his early tenure. As per the claims, the minister used his powers to illegally allot the mining lease for himself and according to constitutional provisions such acts are considered illegal.

Earlier while conducting raids on alleged irregularities in the allotment of mining lease, the ED recovered two AK-47 rifles from one of Hemant Soren’s close associate. According to sources, the recovery of weapons and other evidences points towards a greater conspiracy and scams which are yet to be exposed by the investigating agency.

Provisions For Soren’s Disqualification

The Bhartiya Janata Party (BJP) filed a petition in this case and sought Hemant Sorne’s disqualification for the violation of section 9-A of the Representation of People’s Act 1951. The provision of section 9-A deals with the disqualification of members for awarding government contracts.

Also, under Article 192 of the Constitution, the Governor of the state is empowered to decide on the disqualification of any member from the house of the legislators. This provision reads, “Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion”. This is why the poll panel acts as a quasi-judicial body while dealing with cases pertaining to the disqualification and suspension of legislators.

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