The Election Commission of India (ECI) on Tuesday granted Jharkhand chief minister Hemant Soren an additional 10 days to respond to a notice on an allegation that he was issued a mining lease last year, a top state government official said.
The chief minister had written to the poll panel on Monday, seeking a four-week extension of time to respond to the notice. The ECI, however, granted Soren 10 days to submit his reply.
The charge against the chief minister, if true, amounts to holding an “office of profit” and hence could invite his disqualification from the legislative assembly under the Representation of People’s Act.
“The communication was sent to the office of the Jharkhand chief electoral officer from where it was serviced to the chief minister’s office. Though the chief minister had asked for four weeks’ time, the ECI has asked him to reply by May 20,” a top official in the state government familiar with the matter said, seeking anonymity.
Earlier in the day, JMM legislator Sudivya Kumar said Soren had sought the extension as he “needed more time to study the notice in detail”.
{{/usCountry}}Earlier in the day, JMM legislator Sudivya Kumar said Soren had sought the extension as he “needed more time to study the notice in detail”.
{{/usCountry}}In his letter to the poll body, the chief minister said he is caught up with his mother’s treatment in Hyderabad and therefore, needs more time to respond to the notice, Kumar, who addressed a joint press conference with leaders of the ally Congress in Ranchi, said.
On May 2, the ECI had issued a notice to Soren, who also holds the mining portfolio, and sought his response on the allegation by May 10. On February 14, the opposition Bharatiya Janata Party (BJP) had submitted a complaint to Jharkhand governor Ramesh Bais who forwarded the same to the poll body on March 25.
“...it has been stated in the petition that you have entered into a mining lease agreement dated 23 November 2021 with the government of Jharkhand through district mining officer, Ranchi,” the EC notice, which cited the BJP’s complaint, said.
The state chief secretary has made available certified documents of lease to the commission, it added.
“...You are hereby called upon to file before the Commission a written reply with 6 spare copies on or before 10th May, 2022, supported by proper affidavits. You are also required to file certified copies of documents, if any, on which you may like to reply for support of your contention,” the notice issued by EC secretary Binod Kumar said.
The poll panel had earlier written to state chief secretary Sukhdev Singh, seeking “authentication” of the documents related to granting of the mining lease to Soren. Singh later submitted an entire set of documents related to the mining lease to the poll body.
On May 6, the chief minister had urged the Jharkhand high court to dismiss a petition seeking a probe by the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) into the matter. Soren claimed the PIL was an attempt to “destabilise the democratically-elected state government”.
In his affidavit filed through lawyer Kundan Kumar Mishra, Soren said the mining lease for a 0.88 acre parcel of government land on the outskirts of Ranchi was originally granted to him on lease for 10 years on May 17, 2008. The chief minister said he had applied for renewal of the mining lease in 2018 but the application had lapsed. He added that he reapplied “sometime in 2021” when the deputy commissioner in Ranchi invited fresh applications and he was subsequently granted the lease as per procedures.
However, Hemant Soren said, he did not obtain the consent to operate and on February 4 this year, he had applied to surrender the lease. His request was accepted by the department upon payment of the prescribed fees, he said.
Issuance of a mining lease is not an adequate ground for disqualification of membership to the legislature, former Chief Justice of India, Justice V N Khare, has said.
Meanwhile, former Chief Justice of India, justice VN Khare, has said in response to Soren’s queries on the matter that issuance of a mining lease is not an adequate ground for disqualification of membership to the legislature.
In a 13-page opinion, Khare said the terms under which the Representation of People’s Act warranted disqualification for office of profit, does not apply in Soren’s case as the land in question was private land and not owned by the government. HT has seen a copy of the opinion. Justice Khare could not be reached for comment.