Jharkhand Governor Ramesh Bais has sought a second opinion in the office-of-profit case against Chief Minister Hemant Soren from Election Commission of India (ECI). State Governor Bais, who was in his hometown Raipur on Wednesday talking to media persons had hinted that an ‘atom bomb’ is likely to be exploded in Jharkhand triggering speculation about Governor taking a final call of office of profit issue.
Bais told media persons that he has sought a second opinion in the office-of-profit case against Chief Minister Hemant Soren. "I am holding a Constitutional post and I have to protect the Constitution. No one should point fingers at me saying I have acted out of revenge, therefore I have asked for a second opinion,” the governor told a news channel in Raipur.
Following a petition by the BJP seeking Soren's disqualification from the Assembly in the office-of-profit case, the Election Commission had sent its decision to the Jharkhand governor on August 25, sparking a political crisis in the state.
Though the EC's decision has not yet been made official, there is a buzz that the poll panel has recommended the chief minister's disqualification as an MLA in connection with a mining lease.
The disqualification criteria for an MP and an MLA are laid down in Articles 102 and 191 of the Constitution, respectively. They can be disqualified for: a) Holding an office of profit under the government of India or state government; b) Being of unsound mind; c) Being an undischarged insolvent; d) Not being an Indian citizen or for acquiring citizenship of another country.
In August the Election Commission recommended Bais to disqualify Soren as an MLA, however, the recommendation was not made public and Bais did not take any action.
Last month, Soren had written to Bais asking him to provide a copy of the recommendation made by the Election Commission for taking action against him. On August 29, a delegation of the ruling United Progressive Alliance in Jharkhand had also met the governor and asked him how information got leaked to the media from his office. The Jharkhand Mukti Morcha leader had claimed that the BJP was misusing the confusion regarding the case to gain power in the state unethically.
If the governor announces Soren’s disqualification, then he will have to resign as an MLA. Soren, however, can get re-elected within six months. He can also continue as the chief minister if legislators of the ruling United Progressive Alliance name him as the leader of the coalition.
Moreover, Chief Minister Hemant Soren won a trust vote in the special session of the Assembly last month. The vote came against the backdrop of his potential disqualification as an MLA on the grounds of holding an office of profit, for allotting a mining lease to his own family while he headed the department in the state.