ECI seeks Hemant Soren’s mining lease details over ‘office of profit’ complaint

The Election Commission of India (ECI) has begun a probe into allegations that a mining lease on a government land was granted to Jharkhand chief minister Hemant Soren last year, which amounts to holding an “office of profit” and hence could invite his disqualification from the legislative assembly under the Representation of People’s Act, people aware of the development said on Saturday.

A top official said the ECI has written to the Jharkhand chief secretary Sukhdev Singh seeking “authentication” of the documents related to granting of the mining lease to the chief minister.

“The ECI started the proceedings after Jharkhand governor referred the matter to it in last week of March. Only the ECI can decide on issues related to office of profit for elected representatives. The commission has therefore written to the state government seeking information and authentication of the documents related to granting of the lease before sending its opinion to the Governor,” said a senior official, requesting anonymity.

The matter pertains to grant of an in-principle approval for stone quarrying lease in Soren’s name on a government land on the outskirts of state capital Ranchi, which was cleared by the mines and environment departments, both headed by the chief minister himself.

The matter came to light when Jharkhand’s former chief minister Raghubar Das raised it on February 10 this year and demanded Soren’s resignation. A BJP delegation led by Das and the current legislature party leader Babulal Marandi had also met the Governor on February 11. The delegation sought disqualification and removal of Soren as chief minister while alleging violation of constitutional provision under Section 9A of The Representation of the People Act, 1951.

The party also sought action against the chief minister for “misusing” his office for personal gains by violating the code of conduct meant for the office of CM and ministers, besides having committed a criminal offence under Prevention of Corruption Act by getting a mine lease while he is the CM and also heads the department concerned.

When contacted, Jharkhand chief secretary Sukhdev Singh said he was yet to see the official communication. “Offices are closed since Thursday. I can comment on it only after the office opens on Monday,” he said.

Sources, however, said the ECI has sent its communication both by post as well as email and Governor Ramesh Bais on Friday summoned the chief secretary to his office and discussed the issue and the status of the government response.

On the same matter, the state government is also to file its reply by April 22 before the Jharkhand High Court, which is hearing the public interest litigation (PIL) filed by one Shivshankar Sharma. On April 8, the division bench of chief justice Dr Ravi Ranjan and justice Sujit Narayan Prasad had directed all respondents, including the chief minister, to file their reply in two weeks.

Appearing on behalf of the state government, advocate general Rajiv Ranjan had informed the court that the granting of lease was a “mistake” and the CM has already “surrendered” the lease. The court, however, directed the state to file its reply and fixed the next hearing for April 22.

Former advocate general Ajit Kumar said, “Since the matter is sub judice, it won’t be wise on my part to speak over the issue. However, going by the information which is available in the public domain, the issue surely merits a detailed inquiry because there are ethics and codes prescribed for people holding such chair,” he said.