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EC seeks reply from Jharkhand govt over charges against CM Hemant Soren
The ECI has written to Jharkhand chief secretary Sukhdev Singh seeking ‘authentication’ of the documents related to the granting of mining lease to the chief minister, a top official said, requesting anonymity.
RANCHI: The Election Commission of India (ECI) has sought response from the Jharkhand government over the allegation that chief minister Hemant Soren used his office to get stone mining lease on the outskirts of Ranchi, people aware of the development said on Saturday.
The ECI has written to Jharkhand chief secretary Sukhdev Singh seeking ‘authentication’ of the documents related to the granting of mining lease to the chief minister, a top official said, requesting anonymity.
“The ECI started the proceedings after Jharkhand governor referred the matter for the election body’s legal opinion in March last week. Only the ECI can decide on issue related to office of profit for elected representatives,” said the official. “The commission has therefore written to the state government seeking information and authentication of the documents related to granting of the lease before sending its opinion to the Governor.”
The matter pertains to granting of an in-principle approval for stone quarrying lease in Soren’s name on a government land on the outskirts of the state capital. The approval was cleared by the mines and environment departments headed by Soren himself.
The matter was first raised by former chief minister Raghubar Das on February 10, demanding Soren’s resignation. A Bharatiya Janata Party (BJP) delegation led by Das and incumbent legislature party leader Babulal Marandi also met governor Ramesh Bais on February 11. The delegation sought disqualification and removal of Soren as chief minister claiming that he violated constitutional provision under Section 9A of The Representation of the People Act, 1951.
“Section 9A is related to disqualification for government contracts, etc wherein a person shall be disqualified if, and for so long as, there subsists a contract entered into by him in the course of his trade or business with the appropriate government for the supply of goods to, or for the execution of any works undertaken, by that government,” the BJP argued in its memorandum to the governor.
The memorandum also sought action against Soren for ‘misusing’ his office for personal gains by violating the code of conduct meant for the office of chief minister and ministers. It also claimed that Soren committed a criminal offence under the Prevention of Corruption Act by getting a mine lease while he was the CM and headed the departments concerned.
Acting on the memorandum, the governor had referred the matter to the ECI, which has now sought information from the state government.
When contacted, chief secretary Sukhdev Singh said he was yet to see the official communication. “Office is closed due to official leave since Thursday. I can comment only after the office opens on Monday,” Singh said.
People cited above, however, said the ECI has sent its communication both by post as well as email and the governor on Friday summoned the chief secretary to his office and discussed the issue and the status of the government response.
In a related matter, the state government is also to file its reply by April 22 before the Jharkhand high court, which is hearing a public interest litigation (PIL) filed by one Shivshankar Sharma. On April 8, a division bench of chief justice Dr Ravi Ranjan and justice Sujit Narayan Prasad directed all respondents, including the chief minister, to file their reply within two weeks.
Advocate general Rajiv Ranjan, representing the government, had informed the court that the granting of lease was a “mistake” and the CM has already “surrendered” the lease. The court, however, directed the state to file its reply and posted the matter for hearing on April 22.
Speaking over the constitutional provisions in such cases, former advocate general Ajit Kumar said, “Going by the information available in the public domain, the issue surely merits a detailed inquiry. There are several ethics and code prescribed for people holding such chair,” Kumar said. “Can subordinate officials process an application of a contract or a lease to the person who himself heads that department?” he asked.
