New Delhi: Jharkhand CM Hemant Soren now finds himself in a tough spot in light of allegations of corruption levelled against him over the allotment of a mining lease and allocation of land in an industrial area in Ranchi.
The BJP, which lost the 2019 assembly elections due to lack of support from the state’s tribal communities, is now calling for Soren’s resignation, portraying him as the ‘face of corruption’.
Like his father Shibu Soren, who was embroiled in a controversy for allegedly accepting Rs 1 crore for directing JMM MPs to vote in favour of the P.V. Narasimha Rao government in the no-confidence motion moved against it in 1993, Jharkhand CM Hemant Soren now finds himself fending off allegations of corruption.
Also Read: Winds, narrow gorge & unsteady trolleys: Why Jharkhand ropeway rescue turned into 44-hr mission
Allegations against CM Soren
The BJP has accused Jharkhand CM Hemant Soren of allocating a mining lease to himself, his political advisor Pankaj Mishra and press advisor Abhishek Prasad, while holding charge of the state mining department.
“The allegations brought by the BJP will not stand in a court of law. They are accusing the chief minister of violating section 9A of The Representation of the People Act, 1951, as he issued an order allotting a mine to his company,” Supriya Bhattacharya, general secretary of the JMM, told ThePrint.
“But it was an administrative error, and the chief minister corrected it when it was brought to his attention. He even surrendered the mine lease. So where does the case stand,” he added.
BJP national vice president and former Jharkhand chief minister Raghubar Das has further alleged that 11 acres of land was allotted to Kalpana Soren – the chief minister’s wife – in Ranchi’s Bijupara industrial area by the industries department which is also under the chief minister.
Jharkhand Governor Ramesh Bais met Prime Minister Narendra Modi and Union Home Minister Amit Shah in New Delhi this past week to brief them on the latest developments in the case.
“The Governor discussed with the Union home minister all communication with the state government on this issue and his communication with the Election Commission to examine the legality of the allegations of corruption [against CM Soren],” a source told ThePrint.
Governor Bais also wrote to the Election Commission of India, urging it to examine the charges against CM Soren and whether he could be disqualified as an elected representative for holding office of profit.
The ECI has in turn sent a letter to the Jharkhand chief secretary, seeking a response from the state government in this regard, along with documents related to the allotment of mining leases.
BJP eying lost ground
Having lost the support of tribal communities in the last assembly elections, the BJP sees this as an opportunity to regain lost ground in Jharkhand’s tribal belt. The JMM-Congress combine had won 25 of the 28 seats in this belt in 2019, while the BJP could only manage to stake claim to two seats.
The JMM has 30, Congress 16 and the BJP 25 MLAs in Jharkhand’s 81-member legislature.
“We are not in a hurry. Public opinion is turning against Soren and we have to push this battle against corruption toward a logical conclusion. We will be launching a statewide agitation if he continues to hold his post [as chief minister]. It is a case fit for the Case fit for application of the office or profit rule,” BJP’s Jharkhand state president Deepak Prakash told ThePrint.
“JMM’s explanation is absurd. If anybody commits murder and says it was my mistake, that would not dilute the crime,” he added.
“We know we don’t have the numbers right now, but who knows, what if he [CM Soren] is found guilty? But the best possible scenario could be a rebellion within the JMM after disqualification, like it happened during Shibu Soren’s time, many JMM leaders had revolted. Nobody will stand for him if he [CM Soren] is declared guilty. In such a fluid scenario, a regime change could take place,” said one BJP leader on condition of anonymity.
“It is the start of our election campaign to regain our base in the tribal belt. With only two years left for Lok Sabha and assembly polls, we will not move in a hurry as tribal sentiments can boomerang. We will urge the EC to pursue a case of corruption, but it is a good opportunity to dent Soren’s image among tribals,” another senior BJP leader told ThePrint.
Options before CM Soren
With the ECI examining the case, CM Soren is now staring at an uncertain future since provisions of the Constitution warrant his disqualification as an MLA if charges against him are found to be true, said one constitutional expert.
Under Article 191 of the Constitution, a member of a state legislative assembly can be disqualified under five provisions: holding any office of profit, being of unsound mind, being insolvent, giving up citizenship of India or applying for the citizenship of a foreign country, or in accordance with a parliamentary statute.
SK Mendiratta, who was associated with the ECI for 53 years until 2018, told ThePrint, “In the case of Kartar Singh versus Hari Singh Nalwa & Others case of 2001, a three-judge bench said that mining lease does not amount to execution of work undertaken by the government.”
“Para 13 of the Supreme Court ruling says the appropriate government which has undertaken work such as laying of a road or construction of dam and has entered into a contract for the execution of such work, stands to be disqualified under Section 9A. The ruling also states that Section 9A does not operate to disqualify the lessee of a mining lease. Mining lease is not the contract for execution of work,” Mendiratta added.
However, one source in the JMM said CM Hemant Soren could appoint a member of his family to run the government till re-election if the Election Commission finds charges against CM Hemant Soren to be true.
(Edited by Amrtansh Arora)
Also Read: Eating ‘mad bhat’, braving glass pieces & misogyny: How Jharkhand girl made FIFA u-17 WC camp