Will move SC if Jharkhand CM Hemant Soren disqualified as MLA: JMM

Jharkhand Mukti Morcha (JMM) on Thursday said that it will move the Supreme Court if Chief Minister Hemant Soren is disqualified as an MLA.

The party, however, also asserted that there was no threat to the government as it has an absolute majority in the assembly.

However, amid the rapidly changing political scenario, Kalpana Soren, wife of the chief minister, has suddenly come to the limelight with party sources saying that the baton could be passed to her in case Soren is debarred from contesting elections.

The Election Commission of India (ECI) is believed to have told Jharkhand Governor Ramesh Bais that Soren should be disqualified as an MLA for violating electoral norms by allegedly extending a mining lease to himself, Raj Bhavan sources said.

Read | EC favours disqualification of Jharkhand CM Soren as MLA

However, Raj Bhavan has officially not confirmed the development.

JMM chief spokesperson Supriyo Bhattacharya said there was no immediate threat to the government.

Asked about the probability of Soren being disqualified as an MLA, Bhattacharya said the party will take recourse to law in any such eventuality.

"Options are open to us. We will move the Supreme Court," he told PTI.

In case Soren is pronounced guilty of holding an office of profit while being a representative of the people, he will have to step down from the office of the chief minister, said Jharkhand High Court advocate Hemant Kumar Shikarwar.

Soren will also lose his membership in the assembly, he said.

Shikarwar, also a member of the Jharkhand State Bar Council, said, "Since the JMM is a party with the highest number of legislators leading the assembly, it will still have the choice of electing another member to hold the office of the chief minister."

"But that will be subject to internal adjustments within the JMM and its allies," he said.

Another high court lawyer said, "If the ground for disqualification is corruption, he cannot even be appointed afresh unless and until his conviction is set aside."

Transport Minister Champai Soren, who is considered close to JMM supremo Shibu Soren told PTI that there is no threat to the government and Soren will continue as the party leader.

Former BJP minister and now Independent MLA Saryu Roy, in a tweet, said: "As far as I guess, as soon as the disqualification notice is released from the Raj Bhavan, Hemant Soren will move to High Court/Supreme Court...If the stay order is not received immediately from the court while he continues on the post of CM, he can fight the judicial battle after leaving the post."

In another tweet, he said: "The Election Commission of India has sent its recommendation to the Governor of Jharkhand that Hemant Soren has been found guilty of corrupt practices. As a result he cannot remain an MLA. He can be disqualified from contesting the election of MLA for the next three years."

JMM MP Vijay Hansda said: "Our constitution is very strong and we have full faith that justice will be delivered to us."