Soren on sticky wicket, EC notice likely next week

Jharkhand Chief Minister Hemant Soren is on a sticky wicket with the Election Commission of India quite likely to shoot off a notice to him next week on possible disqualification as MLA under Section 9A and other provisions of the Representation of People's Act, 1951.

The EC has already begun examining a set of 500 page long documents and details furnished to it from the state government this week on a stone mining lease granted to the sitting CM by state authorities.

Section 9A pertains to Disqualification of an elected member for Government contracts, etc.

It says that a person shall be disqualified if, and for so long as, there subsists a contract entered into by him in the course of his trade or business with the appropriate Government for the supply of goods to, or for the execution of any works undertaken by, that Government. The terms of contract with the state government as part of the mining lease license allocated to Soren in June 2021 are being studied on the same clause.

Excavation of mines and minerals are leased by the government and typically involve revenue sharing which are mostly read as 'contracts'.

If EC concludes Section 9A applicability in the case, it will send the CM a show cause notice and seek a reply.

A battery of lawyers is already readying a defence both before the EC and the Jharkhand High Court which is hearing the matter. At the EC, the exercise may also involve a hearing before EC takes its final view on the matter and sends the same to the Governor.