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Soren moves HC to restrain Guv from action on EC opinion

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Jharkhand chief minister Hemant Soren on Monday approached the state’s High Court, seeking direction to restrain Governor Ramesh Bais from taking any action on the ECI opinion in connection with allegations that he had leased a coal mine to himself and thus violated elections laws that could potentially disqualify him as a member of the state legislative assembly, people aware of the development said.

The writ petition, filed by Soren’s counsel Pisyuh chitresh, also questions the “second opinion” reportedly sought by the Governor from the ECI (Election Commission of India) on the issue, describing it as “unconstitutional”. Both the Governor and the ECI have been made respondents in the matter.

“We have two-fold prayer in the petition. Firstly, to restrain the Governor from taking any action in furtherance to the ECI opinion sent to Raj Bhawan,” said Chitresh.

“Secondly, we have seen media reports saying the Governor has sought a second opinion from the ECI on the issue, which is unconstitutional. There have also been conflicting media reports that ECI has denied having received any such request for a second opinion by the Governor. This is creating a state of confusion, which goes against the mandate of a duly elected government. We have prayed that if at all ECI gives a second opinion, it should first give the petitioner an opportunity to be heard prior to giving the opinion,” he said.

ECI had on August 25 sent its opinion to Governor Bais on the issue, but Raj Bhawan has not made it public despite repeated requests from CM Soren and ruling alliance constituents.

Last month, Bais had said he was taking “second opinion” on the issue and went on to add that it was Diwali season and an “atomic explosion” can’t be ruled out in the state.


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