Jharkhand: Hemant Soren will stay on the post of CM or will he go? Election Commission hearing complete, will send opinion to Governor soon

The hearing in the mining lease case involving Hemant Soren is over, in which the BJP has accused him of allotting itself a mining lease. The opposition has demanded the disqualification of Hemant Soren as an MLA. This information was given by the sources on Monday.

The Election Commission may soon send its opinion to the Governor of Jharkhand. The Jharkhand Chief Minister’s team has insisted before the Election Commission that the provisions of the Election Act do not apply in the case alleged to have been violated by them.

Soren’s legal team had completed its arguments before the Election Commission on August 12, following which the petitioner BJP in the matter replied. Both sides had submitted their written submissions to the Election Commission on August 18. Now the Election Commission will write its opinion, which will be sent in a fortnight to the Governor of Jharkhand, who had earlier referred the matter to the Election Commission.

Under Article 192 of the Constitution, if any question arises as to whether any member of the House of the Legislature of a State has become subject to any disqualification, the question shall be referred to the Governor whose decision shall be final. According to it, “Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and act in accordance with its opinion.”

Soren’s counsel, while presenting the arguments, said that the matter does not fall under Section 9A of the Representation of the People Act, 1951, which deals with ‘disqualification for Government contracts’. BJP’s lawyer Kumar Harsh told reporters after the Election Commission hearing on August 12, “They cross-examined for almost two hours. After which we have given our reply and shown that it is a case of conflict of interest and there are several Supreme Court judgments which pertain to this (case).” have violated the provision of the election law by allotting himself a government contract while living.

Expansion

The hearing in the mining lease case involving Hemant Soren is over, in which the BJP has accused him of allotting itself a mining lease. The opposition has demanded the disqualification of Hemant Soren as an MLA. This information was given by the sources on Monday.

The Election Commission may soon send its opinion to the Governor of Jharkhand. The Jharkhand Chief Minister’s team has insisted before the Election Commission that the provisions of the Election Act do not apply in the case alleged to have been violated by them.

Soren’s legal team had completed its arguments before the Election Commission on August 12, following which the petitioner BJP in the matter replied. Both sides had submitted their written submissions to the Election Commission on August 18. Now the Election Commission will write its opinion, which will be sent in a fortnight to the Governor of Jharkhand, who had earlier referred the matter to the Election Commission.

Under Article 192 of the Constitution, if any question arises as to whether any member of the House of the Legislature of a State has become subject to any disqualification, the question shall be referred to the Governor whose decision shall be final. According to it, “Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and act in accordance with its opinion.”

Soren’s counsel, while presenting the arguments, said that the matter does not fall under Section 9A of the Representation of the People Act, 1951, which deals with ‘disqualification for Government contracts’. BJP’s lawyer Kumar Harsh told reporters after the Election Commission hearing on August 12, “They cross-examined for almost two hours. After which we have given our reply and shown that it is a case of conflict of interest and there are several Supreme Court judgments which pertain to this (case).” have violated the provision of the election law by allotting himself a government contract while living.