The Election Commission (EC) has turned down Jharkhand Chief Minister Hemant Soren’s request to reveal the opinion he shared with the state governor within the disqualification case in opposition to him.
Soren’s authorized counsel had written to the Election Commission on September 15 that because the listening to earlier than the Election Commission was judicial in nature, a replica of the opinion given to Governor Ramesh Bais needs to be shared along with his shopper.
In its reply, the Election Commission mentioned that any communication between the Election Commission and the Governor is “privileged” below Article 192(2) of the Constitution and it will be “violation of constitutional propriety” to reveal it earlier than the Governor passes an order. .
It can be realized that the Commission has referred to a latest case earlier than the Supreme Court (DD Thaisi v Election Commission of India) concerning the opinion of the Election Commission on a grievance concerning the disqualification of 12 BJP MLAs of Manipur Legislative Assembly. In this matter, the EC has mentioned, the apex court docket didn’t order it to reveal its opinion because the counsel for the EC knowledgeable the court docket that it will be inappropriate to reveal the privileged communication.
The Election Commission additionally mentioned that any doc regarding reference acquired from the Governor below Article 192(2) can be exempt from disclosure below the RTI Act, till a remaining order is handed by the Governor.
On August 25, the ballot panel despatched to Bais the cost of Soren below Section 9A of the Representation of the People Act, 1951, for allegedly misusing his place to allot himself a stone-mining lease final yr, in its opinion. Disqualification was really helpful. Section 9A prohibits elected representatives from getting into into any contract with the federal government for the “supply of goods” or “the performance of any act”.
The state is in political turmoil as Bais has not formally apprised the state authorities of the Election Commission’s view on Soren’s eligibility as an MLA. Meanwhile, the JMM has alleged that the BJP is making an attempt to seize the ruling coalition’s MLAs.
Before writing to the Election Commission, the get together had requested the Governor to announce its choice based mostly on the Commission’s opinion. The JMM’s memorandum to the governor mentioned “selective leaks from your (governor’s) office” on the problem have “created a state of chaos, confusion and uncertainty, which affects the administration and governance of the state”.
“It also encourages political bigotry to destabilize the democratically elected government led by CM Soren by illegal means… The disqualification of the CM, if any, will have no effect on the government.”
With inputs from TheIndianEXPRESS
