EC grants Soren more time to reply to notice over mine lease

RANCHI/NEW DELHI: The Election Commission of India (ECI) on Tuesday granted Jharkhand chief minister Hemant Soren an additional 10 days to respond to a notice on an allegation that he was issued a mining lease last year, a top state government official said.

The CM had written to the poll panel on Monday, seeking a fourweek extension of time to respond to the notice. The ECI, however, granted Soren 10 days to submit his reply.

The charge against Soren, if true, amounts to holding an “office of profit” and hence could invite his disqualification from the legislative assembly under the Representation of People’s Act.

“The communication was sent to the office of the Jharkhand chief electoral officer from where it was serviced to the chief minister’s office. Though the CM had asked for four weeks’ time, the ECI has asked him to reply by May 20,” a top official in the state government familiar with the matter said, seeking anonymity.

Earlier in the day, JMM legislator Sudivya Kumar said Soren had sought the extension as he “needed more time to study the notice in detail”.

In his letter to the poll body, the CM said he is caught up with his mother’s treatment in Hyderabad and therefore, needs more time to respond to the notice, Kumar, who addressed a joint press conference with leaders of the ally Congress in Ranchi, said.

On May 2, ECI had issued a notice to Soren, who also holds the mining portfolio, and sought his response on the allegation by May 10. On February 14, the opposition BJP had submitted a complaint to Jharkhand governor Ramesh Bais who forwarded the same to the poll body on March 25.

On May 6, Soren urged the Jharkhand high court to dismiss a petition seeking a probe by the CBI and Enforcement Directorate into the matter. Soren claimed the PIL was an attempt to “destabilise the democratically elected government”. In an affidavit filed through lawyer Kundan Kumar Mishra, Soren said the mining lease for a 0.88 acre parcel of land on the outskirts of Ranchi was originally granted to him on lease for 10 years on May 17, 2008. Soren said he had applied for renewal of the mining lease in 2018 but the application had lapsed. He added that he reapplied “sometime in 2021” when the deputy commissioner in Ranchi invited fresh applications and he was subsequently granted the lease as per procedures.

However, Soren said, he did not obtain the consent to operate and on February 4 this year, he had applied to surrender the lease. His request was accepted by the department upon payment of the prescribed fees, he said.

Meanwhile, former Chief Justice of India, justice VN Khare, has said in response to Soren’s queries on the matter that issuance of a mining lease is not an adequate ground for disqualification of membership to the legislature.

In a 13-page opinion, Khare said the terms under which the Representation of People’s Act warranted disqualification for office of profit, does not apply in Soren’s case as the land in question was private land and not owned by the government. HT has seen a copy of the opinion. Justice Khare could not be reached for comment.