The counsel representing Basant Soren, brother of Jharkhand Chief Minister Hemant Soren, on Monday claimed that the petition filed against the JMM MLA seeking his disqualification over co-owning a mining firm is not maintainable and questioned the Election Commission’s jurisdiction in hearing the matter. The Commission had recently served a notice to Basant Soren under Section 9A of the Representation of the People Act that deals with the disqualification of a lawmaker for a government contract.
“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,” reads the section. While hearing such matters, the EC functions as a quasi-judicial body.
The EC notice to Basant Soren, a legislator from Dumka pertains to his allegedly co-owning a mining firm in the Bokaro district. There were allegations that this is violative of Section 9A of the Representation of the People Act. “We raised preliminary objection over jurisdiction saying that the petition ( seeking his disqualification as a lawmaker) is not maintainable,” advocate Sonal Kumar Singh representing Basant Soren told reporters after the hearing before the EC. “The Commission has given us time to hear the issue of jurisdiction. The matter will come up on the next date which has not yet been decided,” the counsel said. He said when his team raised a preliminary objection, the other side wanted them to give it in writing. “We will now give our objection in writing,” he said Responding to a query, Singh said Basant Soren has been served notice under Section 9A of the RP Act. “But the issue of jurisdiction will be decided first because our contention is that it (petition) is not maintainable. And the issue goes to the root of the matter,” he said.
Hemant Soren, also served notice under Section 9A of the RP Act over a mining lease, has to appear before the EC either in person or through counsel on June 14. Kumar Harsh, representing the BJP, said Basant Soren’s side sought more time to include preliminary objections in his reply furnished to the EC.
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