VIJAY DEO JHA
Ranchi, June 28: The Election Commission of India (ECI) on Tuesday conducted the hearing of the office of the profit case against Jharkhand Chief Minister Hemant Soren. The next date of the hearing is yet to be announced. S.K Mendiratta representing Hemant Soren said that the ECI decided to fix any of the next days for them to argue on behalf of Hemant Soren. But Harsh Deepak, a lawyer assisting the senior BJP counsels claimed that S.K Mendiratta and Meenakshi Arora were not inclined to argue and they sought more time.
The ECI fixed July 14 as the next date of hearing. It also fixed July 15 as the next date to hear Basant Soren’s case on the latter’s request.
The BJP, represented by senior lawyers Maninder Singh and Siddharth Dave argued for around two hours. They said that Hemant Soren who is the chief minister and also minister of mining and forest departments obtained a stone mining lease in his name.
Referring to section 9A of the People’s Representation Act 1951, the BJP demanded termination of his membership in the assembly on the ground of holding a contract with the government.
The hearing was conducted by Chief Election Commissioner of India Rajiv Kumar and Election Commissioner Anup Chandra Pandey.
“The BJP counsels argued for two hours as the hearing started at 3 PM which continued till 5 PM. They cited some of the judgments in support of their claim. Once they concluded the hearing the ECI opined that respondent Hemant Soren needs equal time to argue but it was getting late hence the ECI decided to fix some other date of hearing,” S.K Mendiratta told Lagatar24.com.
But Harsh Deepak, who was present during the hearing, disputed Mendiratta. “Today was the first day of the hearing and Meenakshi Arora was hesitant to argue today and sought time to prepare. Mendiratta was assisting Meenakshi. The ECI court insisted she must proceed with her arguments. The ECI court was annoyed with Hemant Soren seeking time on every scheduled date of hearing. This was for the fourth time when they sought additional time,” said the lawyer.
On June 14, the ECI had given him the ultimatum to file his reply by June 28. Hemant Soren sought time on the ground of the poor health of his lawyer. Earlier on May 30, the ECI extended the time period till June 14 as Hemant Soren sought time to file the reply on the ground of the poor health of his mother Rupi Soren who was under treatment in Hyderabad. Prior to this Hemant Soren sought time so that he properly replied.
The BJP alleged Hemant Soren of availing stone mining lease in his name while he is the chief minister of the state besides the minister of the mining and forest and environment department. The BJP submitted a petition to Jharkhand governor Ramesh Bais to seek disqualification of Hemant Soren from the assembly on the ground of corrupt practice. Exercising his power under section 192 (2) of the Constitution of India, the Governor referred this matter to the ECI.
The ECI sent him a notice to explain why not his membership in the Jharkhand assembly should be terminated for misusing his office for pecuniary gains. Under the act, a government servant can’t undertake business in his name.
The Chief Minister landed in legal trouble after the BJP raised the issue of him having obtained a stone mining lease at Angara. Hemant Soren also holds the portfolio of the mining department and the BJP claims that this is tantamount to the office of profit and he is liable to be disqualified.
A PIL was filed by Shiv Shankar Sharma and the BJP approached the Governor for action against him. The ECI had directed the Jharkhand chief secretary Sukhdeo Singh to submit all documents related to the mining lease.
Deputy Commissioner cum District Magistrate, Ranchi Chhavi Ranjan passed an order granting a Letter of Intent for grant of fresh mining lease of stone minor mineral in the name of single applicant Sri Hemant Soren vide order dated 15.06.2021. It is alleged that it was done by overlooking the mandatory requirement of Rule 69 of Jharkhand Minor Mineral Concession Rules, 2004 wherein he was under statutory obligation to assess for damage and compensation committed by the earlier mining lessee who was also Hemant Soren.
