With Jharkhand Chief Minister Hemant Soren's future as both head of the state and Jharkhand Mukti Morcha MLA hanging in balance amid speculation that the Election Commission has recommended Governor Ramesh Bais to disqualify him for alleged violation of Representation of the People Act, 1951.
Here's what we know so far:
** In February this year, senior BJP leader and former Jharkhand Chief Minister Raghubar Das alleged that Soren got a mining lease issued for himself, which was clear violation of the provisions of the Representation of the People Act, 1951. It was alleged that Soren hid this fact in his affidavit submitted at the time of contesting the Assembly elections in 2019.
** Hemant Soren's biggest problems, though, are his legal issues. Shivshankar Sharma, an RTI activist, had in the same month filed two PILs in the Jharkhand High Court. The PIL alleged that Hemant Soren, while being the Chief Minister and as Minister of Mines, got the lease of a stone mine in Angara, Ranchi allotted in his name.
** Soren has also been accused of holding an office of profit and the PIL demands his disqualification from the membership of the Assembly. The second PIL alleged illegal investment in shell companies by the close associates of Soren and his brother, Dumka MLA Basant Soren. The PIL seeks a CBI inquiry into the matter.
** On May 24, the Supreme Court asked the Jharkhand High Court, to first hear preliminary objections on the maintainability of the petition. This was in response to an Interlocutory Application (IA) by Soren. In the IA, the CM alleged Shivshankar Sharma of trying to tarnish his image and claimed the PILs to be based on false information.
** Soren was issued a notice keeping in mind Section 9A of the Representation of the People Act which deals with the disqualification of a lawmaker for government contract. He was asked to appear before the Election Commission on May 31 over the ownership of a mining lease by him. But was later postponed after Soren sought more time from EC. First postponed to June 14, the hearing was again shifted to June 28.
** On July 19, the Enforcement Directorate arrested Pankaj Mishra -- an aide of Jharkhand Chief Minister Hemant Soren, in connection with a money laundering case pertaining to illegal mining.
** On August 1, the agency summoned Jharkhand Chief Minister Hemant Soren's press advisor Abhishek Prasad for questioning in a money laundering probe linked to an alleged illegal mining scam in Jharkhand
Up to the Governor
The Election Commission's hearing ended this month and it sent its recommendations to the Governor, who now has to take a call in the matter.
In his defence, Soren has said that he had applied for the mining lease at a time when he was not holding any office of profit and he has now even surrendered the lease.
Moreover, no mining activity has been undertaken by him in the mine in question, thus no question of misusing office of profit arises and his disqualification cannot be sought.
What could happen in the future?
** Under the present circumstances, two likely scenarios can emerge in the entire episode. First, the poll panel can recommend Soren's disqualification as an MLA for getting a mining lease issued for himself. Second, the Election Commission can consider it as a case of corruption since Hemant Soren took the lease while being on the post of Chief Minister.
** If he is found guilty of misusing his position as an MLA, Soren would have to resign as a legislator. In the meantime, the JMM legislative party can elect him as its leader and he can remain as the Chief Minister for six months. Though he will have to contest the polls and get himself re-elected as an MLA during this period.
** However, if it is treated as a case of corruption and if the Election Commission issues a certificate under Section 9 of the Representation of the People Act, 1951, the Governor can bar Soren from contesting elections for five years and he will have to resign both as MLA and Chief Minister.
** In such a scenario, the JMM will have to elect a new leader, which according to speculation could be either his wife Kalpana Soren or father and JMM founder Shibu Soren.
(With agency inputs)