It's been a week since the Election Commission sent its opinion to Jharkhand governor Ramesh Bais about the disqualification of Chief Minister Hemant Soren as an MLA over an alleged illegal mining case. The governor, however, is silent -- which could also be the reason behind the political turmoil in the state.
Amid all the speculation, and fearing horse trading, CM Hemant Soren went to Birsa Munda airport to see off 33 MLAs (19 JMM legislators, 13 from Congress and 1 from RJD) as they boarded a chartered Airbus A-320 aircraft to Raipur.
GOVERNOR CAN'T KEEP ON SITTING ON ECI's RECOMMENDATION
While political parties in the state are busy making permutations and combinations, former Chief Election Commissioners are taking on Governor Ramesh Bais.
Speaking with India Today, Former CEC SY Qureshi said, "It has been a week since ECI sent its recommendation, that recommendation is not a personal property of Governor Ramesh Bias. Although there is no deadline, the governor is expected to act on it with reasonable urgency."
"The recommendation of ECI is final, not even a comma, a full stop can be changed. The governor's delay in issuing a notification is causing instability in Jharkhand," Qureshi added.
Former CEC OP Rawat said, “Legally there is no time frame within which the governor is bound to act. But usually, the governor takes a decision or issues notification within two to three days of getting a recommendation."
Speaking about ECI's role in the situation, Rawat added, "EC has no role (to play after giving its opinion to the governor). The government will not fall if the chief minister is disqualified."
As per article Article 192 (2) of the Constitution: “Before giving any decision on any such question (of the disqualification of MLAs), the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion.”
PARTIES RESORT TO RESORT POLITICS
Memories of the Maharashtra political crisis are fresh in political circles, and fearing a repeat, especially with Bais yet to reveal the EC’s opinion, parties in Jharkhand moved swiftly. At least 33 MLAs have been moved to Congress-ruled Chattisgarh.
CM Hemant Soren called it “ran-niti (strategy). Uncertainty has gripped Jharkhand’s ruling JMM-Congress-RJD alliance.
Chhatisgarh CM Bhupesh Baghel reached the resort where the MLAs were staying soon after their arrival.
Speaking with reporters, CM Baghel said, “Raj Bhavan is yet to open the Election Commission’s letter, which means something is being planned."
He added, "If MLAs were let free in Jharkhand then they (BJP) would have got a chance to buy them and give them Rs 20 crore.”
PARTIES URGE GOVERNOR TO DISCLOSE ECI's OPINION
After twiddling their thumbs, a 10-member delegation of the United Progressive Alliance (UPA) met Governor Ramesh Bais seeking clarification over the commotion on reports of the disqualification of Chief Minister Hemant Soren as a member of the state assembly.
The delegation comprised leaders from Jharkhand Mukti Morcha, Rashtriya Janata Dal and the Congress.
The UPA delegation also submitted a memorandum to the Governor complaining that leaks from his office regarding an envelope from the Election Commission of India over the disqualification of Mr Soren’s membership from the state assembly have been causing instability.
The delegation requested the governor to clear the air over the prevailing political commotion in the state.
THE SAGA BEGAN WITH BJP COMPLAINT
The BJP has sought Soren’s disqualification as MLA for obtaining a mining lease. Governor Ramesh Bais had sent a dossier to the EC on March 28, based on a complaint against Soren by his BJP predecessor Raghubar Das.
After receiving the complaint, the ECI had begun the hearing on the matter.
On August 12, the legal team of Soren concluded its arguments before the Election Commission, following which the BJP (the petitioner in the case) gave a rejoinder.
On August 18, the two sides submitted their written submissions to the poll panel.
Soren’s defence was that the Supreme Court had exempted mining leases in several judgments, and in any case, he had surrendered the lease to quarry stones.
The matter in Jharkhand has eerie similarities with the Bihar template, where Rabri Devi slipped into the CM's chair as husband Lalu Prasad's proxy in 1997.
JMM is believed to be considering Soren's wife Kalpana as his first-choice replacement if he can't stay on.