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JMM MLA Sudivya Kumar Sonu and senior party leader Supriyo Bhattacharya tried to clear the matter citing the orders of various courts in this case
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Jharkhand Mukti Morcha (JMM) has said that the matter of taking mining lease by CM Hemant Soren for 80 decimal stone quarrying does not come under 9A of the Representation of the People Act, 1951. On Friday, JMM MLA Sudivya Kumar Sonu and senior party leader Supriyo Bhattacharya tried to clear the matter citing the orders of various courts in this case.
Sonu said that from 1964 to 2006, such cases have been coming for review in the court. The construction of roads, dams, irrigation projects, construction of any building should come under the category of contract. In 1964, the Supreme Court had said in a judgment that mining lease is neither a contract, nor is it a contract for supply of goods.
He said that in 2001, in the case of Pratap Singh Badhana vs Hari Singh Malwa of the Supreme Court, a three-judge bench had held that the mining lease does not come in the performance of the work done by the government. Sonu said that CM Hemant Soren has not even been hidden the fact. It has been announced in the election affidavit that the renewal of this lease is pending.
The MLA said that nothing has been happened from Hemant Soren's side as the Minister of Mines has the reponsibility. Not even a single quarry has been excavated from the mine, electricity connection has not been taken, GST has not been taken, there is no concession to operate in this mine. The Chief Minister has returned this lease after moral dignity has not been earned.
On the role of the Election Commission, Sonu said that the EC can take a unilateral decision under pressure, if such a thing happens, then the MLA will go to the court. He said that any person has the right to do business under the law as a citizen and can enjoy employment.