VIJAY DEO JHA
Ranchi, Nov 16: Jharkhand Chief Minister Hemant Soren has charged unconstitutional silence of Governor Ramesh Bais and his attempt of colourable exercise of power on the purported opinion of the Election Commission of India (ECI) about his membership for supporting and encouraging “rampant horse trading” of the MLAs of the ruling alliance by his political opponents.
Hemant Soren who filed a petition before Jharkhand High Court has requested the court to restrain the Governor from taking any action in this matter on the basis of a letter of the ECI, which has yet not been made public.
He said that both the Governor and the ECI are creating political uncertainty and instability in Jharkhand for deliberately not disclosing the opinion about his membership in the Jharkhand assembly. Notably, the BJP had filed a complaint against Hemant Soren for availing stone mining lease in his name and sought his disqualification. The ECI completed the hearing and sent its opinion to the Governor. But the report is yet to be made public which has panicked Hemant Soren who is also facing a probable money laundering inquiry.
“It is well known and established that the silence of the office of the Governor after the purported recommendation of the Election Commission is giving impetus to destabilize the Ruling Coalition Alliance of the Jharkhand Mukti Morcha, Indian National Congress, Rashtriya Janata Dal, Nationalist Congress Party and the Communist Party of India (Marxist-Leninist) Liberation,” Hemant Soren has stated.
He has charged the Governor for acting against observations and recommendations of the Sarkaria Commission and Justice MM Punchhi Commission Reports. He questioned whether or not the Governor by his acts and omissions undermined the constitutional significance and position of the Governor in the Constitution of India?
Referring to the media reports, he has raised questions over the Governor seeking second opinion by the Respondent No. 1 under the garb of exercise of power under Section 145 and 146 of the Representation of People Act, 1951 read with Article 192 of the Constitution of India would be totally arbitrary, illegal and dehors the provisions of the Constitution?
He also requested the court to issue directions to the Election Commission of India to grant him an opportunity of hearing while acting on the request of the Governor for a second opinion and to disclose the material place therein by the Governor.
Hemant Soren who filed the petition in his personal capacity sought an appropriate order to declare proceeding against him as vitiated by malice and political considerations. He said that the entire action of the ECI against him was against the principle of natural justice as the ECI did not disclose or supply the copy of the opinion rendered in Reference Case No. 3(G) of 2022 titled Bharatiya Janta Party vs. Hemant Soren.
He questioned whether the ECI can withhold such information and deny access? He asked whether ECI can claim privilege under Article 192 (2) of the Constitution of India or seek exemptions from disclosure of information under Section 8(1} (e) & (h) of the Right to Information Act, 2005?
He alleged that the Governor and the ECI while acting in their respective sphere denied his fundamental right to access to justice “as till date the non-transparency, opaqueness in non-disclosure dis-entitles the Petitioner to seek any remedy if the said decision of the Respondent is contrary or against the Petitioner herein with regard to disqualification.”
