According to sources within the Election Commission, Hemant Soren was informed on Monday that Ramesh Bais, the Governor of Jharkhand, had not sought a second opinion from the panel.
As a top EC official reported, Soren asked the EC on October 31 whether Bais had sought a second opinion on the matter and, if so, if he should be given a chance to respond.
Bais said in a TV interview on October 26 that he had sought a “second opinion”, though the EC was not mentioned. According to him, an “atomic bomb” could go off in Jharkhand at any time.
In its letter to Soren’s lawyer Vaibhav Tomar on Monday, the EC stated there had been “no communication from the office of the Hon’ble Governor following the rendering of the opinion”. According to Article 192 of the Constitution, the Governor must obtain the EC’s opinion before disqualifying an MLA and act accordingly.
On BJP’s complaint that Soren allocated a mining lease to himself while holding the Mines portfolio, Bais sent a representation to the EC earlier this year. In August, the EC sent its recommendation to the Governor after examining the charge and hearing both parties.
The Jharkhand Assembly membership of Soren remains limbo until Bais reveals his decision.
According to the Deccan Era, EC had not received any representation from Bais seeking a second opinion. To the best of his knowledge, no Governor has ever returned the EC’s statement or requested a second opinion, according to S K Mendiratta, the former EC legal advisor.
