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Jharkhand Chief Minister Hemant Soren, will be soon looking out for major legal and political issues. He might get disqualified from the legislator position due to his caught relationship with a mining contract made with the state; despite being in the government office. If he is disqualified by the Governor, he & his cabinet will have to resign under Section 9A of the Representation of People Act.
Key Takeaways
- The Chief Minister of Jharkhand, Sri Hemant Soren, found himself in trouble due to an action/ wrong decision he made
- During his tenure as CM, he gave himself a mining lease in contract with the state government
- This resulted in misuse of office authority rules
The Issue
The Chief Minister of Jharkhand, Sri Hemant Soren, finds himself in trouble owing to an action/ wrong decision he made unwittingly or otherwise. Apparently, in 2021 during his tenure as the Minister of Mines, he gave himself a mining lease in contract with the state government. Such a step while in office as a legislator and a state Minister was a misuse of office/ authority. It is also a breach of trust of the people with immense faith in his capabilities and intentions.
Right now, he needs to apply some essentially effective political and legal measures to minimise the damage. If and when the Governor announces his disqualification as a legislator for the grievous offence of possessing a mining contract with the state government, he loses his assembly membership once he is disqualified. He, along with his cabinet, will have to resign.
The issue came to light when the BJP complained to the Governor of Jharkhand on 11th February 2022 that Mr. Soren’s action was a sheer misuse of power and position and was a violation of Section 9A Representation of the People’s Act, 1951.
As recently as 25th August 2022, the Election Commission of India also told the Governor that Mr. Soren’s action was a blatant protocol violation and he could be disqualified under section 9A of the same act.
What is Section 9A?
According to section 9A in the Representation of the People Act 1951, it is clearly stated that an individual who has entered into a contract with the government and is already in government office shall be disqualified if found disloyal and corrupt. He will be disqualified for as long as the contract period persists.
Section 9 in The Representation of the People Act, 1951
Section 9 of the Representation of People Act, 1951, contains provisions to disqualify or dismiss an individual for disloyalty and corruption. Section 9 of the Act is divided into two parts:
- Sub-Section 1 of Section 9 states that an individual who has held an office under the Central or the State governments and has been dismissed for disloyalty or corruption will stay disqualified for five years from the date of his dismissal.
- Sub-section 2 of Section 9 states a certificate given by the EC (Election Commission) to prove that an individual has held office under the Indian government or under any State government, who is or is not dismissed/ removed due to being involved in corruption, disloyalty towards the state/country will be conclusive proof. Also, no certificate stating the individual’s dismissal for disloyalty or corruption is issued unless they are given a fair chance/ opportunity to prove their case.
The Available Options
If Mr. Hemant Soren’s government is dismissed and he is removed from his position, the Election Commission will have to conduct by-poll elections within six months. Mr. Soren can re-contest and win back his seat. According to Law, an MLA in a similar position (guilty of conflict of interest) in which Mr. Soren finds himself can be banned from contesting any election for five years.
