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Retired Supreme Court Justice Ashok Kumar Ganguly said that the Chief Minister has already mentioned in his election affidavit that a mine is on lease in his name, which has been sent for renewal
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The matter of allegations leveled against CM Hemant Soren in the mine lease case is currently with the Election Commission of India. All eyes are on the decision of the commission. The government is also consulting law experts at its level.
Retired Supreme Court Justice Ashok Kumar Ganguly has said that there is a need to look at every aspect in the mining lease case. He said that in such cases the government or anyone cannot be dismissed. For this, he cited three judgments of the Supreme Court.
Retired Justice said that in CVK Rao Vs Dattu Bhaskara-1964, a five-judge bench of the Supreme Court has clearly held that the case of mining lease under Section 9 (a) of the Representation of the People Act, 1951 does not come under supply of goods business. Similar judgments were given by the Supreme Court in 2001 in Kartar Singh Bhadana Vs Hari Singh Nalwa.
Ganguly said that in general terms, under Section 9 (A) no person can be dismissed from his post in all kinds of cases. This can be done only in the use of supply of goods and government works. The issue of mine lease does not come into this. He said that the Chief Minister has already mentioned in his election affidavit that a mine is on lease in his name, which he has sent for renewal. In this case, no criminal case is made out.