A lawyer representing Basant Soren, brother of Jharkhand Chief Minister Hemant Soren, on Monday claimed that the petition against the JMM MLA seeking his disqualification for being a co-owner of a mining firm was not maintainable. Election Jurisdiction of the Commission in hearing the matter. The commission had recently served notice to Basant Soren under Section 9A of the Representation of the People Act, which deals with disqualification of an MLA for a government contract.
“A person shall be disqualified, and unless, in the course of his trade or business, a contract is entered into by him for the supply of goods or for the performance of any act done by him with the appropriate Government, That Government,” reads the section. While hearing such cases, the Election Commission acts as a quasi-judicial body.
The Election Commission’s notice to Dumka MLA Basant Soren pertains to an alleged co-owner of a mining firm in Bokaro district. There were allegations that this was a violation of Section 9A of the Representation of the People Act. Advocate Sonal Kumar Singh, representing Basant Soren, told reporters after the hearing before the Election Commission, “We raised preliminary objections to the jurisdiction saying that the petition (seeking his disqualification as an MLA) was maintainable. Not there.” “The commission has given us time to hear the issue of jurisdiction. The matter will come on the next date which is yet to be decided. He said that when his team raised the initial objection, the other side wanted them to give in writing. Responding to a question, Singh said, “Now we will give our objection in writing.” Singh said that Basant Soren has been given notice under Section 9A of the RP Act. “But the issue of jurisdiction will be decided first as we have argued that it (petition) is not maintainable. And the matter gets to the root of the matter.”
Hemant Soren had also given notice under Section 9A of the RP Act on mining lease, he was to appear before the Election Commission in person or through a lawyer on June 14. Kumar Harsh, who represents the BJP, said Basant Soren’s side sought more time for inclusion. Preliminary objections to their reply sent to the Election Commission.
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