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New Delhi:&nbsp;The Election Commission on Monday informed Jharkhand CM Hemant Soren that no fresh communication had been received by the poll panel from state governor Ramesh Bais since it rendered its opinion on the disqualification plea against Soren for allegedly getting a mining lease issued in his name.
Interestingly, Article 192 of the Constitution of India &mdash; under which the reference was made to EC by the governor &mdash; does not have provision of seeking a second opinion at all. The opinion tendered by EC on the reference is final and legally binding.
Jharkhand governor had on October 27 claimed in Raipur that he had sought a second opinion from EC regarding the disqualification case against Soren &mdash; he even warned of an impending &ldquo;atom bomb explosion&rdquo; in Jharkhand. Bais&rsquo; claim had prompted Soren to approach EC through his counsel Vaibhav Tomar on October 31, seeking a copy&nbsp;of the governor&rsquo;s letter allegedly seeking this &ldquo;second opinion&rdquo;.
On Monday, EC wrote back to Tomar, stating that &ldquo;I am directed to state that there is no communication from the office of the Hon&rsquo;ble Governor subsequent to the rendering of the opinion by the Commission in the abovementioned case...In this regard, Article 192 of the Constitution also refers&rdquo;. The reference to Article 192, said a source, is to convey the absence of a provision in the Article for requesting a second opinion from EC.
Soren&rsquo;s office was on Monday quoted by PTI as saying: &ldquo;The chief minister had been maintaining that a larger political conspiracy was at play to malign the image of the state and create political unrest using constitutional authorities and other pressures. ECI&rsquo;s letter today justifies his apprehensions&rdquo;.
EC had, acting on a reference received from the Jharkhand governor under Article 192 of the Constitution of India, given its opinion in the matter in September 2022. Though EC opinion has not been made public, the commission is believed to have recommended his disqualification under Section 9A of the Representation of the People&rsquo;s Act, 1951.
Section 9A states that &ldquo;a person shall be disqualified if, and for so long as, there subsists a contract entered into by him in the course of his trade or business with the appropriate government for the supply of goods to, or for the execution of any works undertaken by, that government&rdquo;.
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Jharkhand guv hasn't sought fresh opinion, EC tells Soren

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