RANCHI: As the suspense over the continuation of Jharkhand Chief Minister Hemant Soren continued, UPA charged the Governor with encouraging political horse-trading by deliberately delaying announcing a decision on the CM's membership of the legislature.
After a series of meetings, coalition partners JMM, Congress and RJD in a joint press conference urged Jharkhand Governor Ramesh Bais to clear the confusion prevailing in the state for the past four days.
"If there is any report from the EC (ruling Soren should lose legislature membership on account of a mining lease renewal during his last term as CM), the Governor should make it public and announce his decision. Developmental works are being hampered due to the confusion," senior JMM MLA and minister Champai Soren told the press conference.
Stating that the ruling coalition is ready to face any situation, Congress leader and minister Banna Gupta requested the Governor to clear the confusion.
Later, in a joint statement, the UPA MLAs said, "Does Raj Bhavan want to fuel horse-trading by buying time (in making the decision public)? What is the legal advice that he is not able to take? This is an insult to democracy and the people."
Raj Bhavan sources maintained that Bais is likely to take a call on the matter on Monday.
The CM's party Jharkhand Mukti Morcha suspects that the BJP may make a serious attempt to poach MLAs from it and the Congress in a bid to topple the government in a manner "similar to Maharashtra".
"We have seen how the dignity of the post of Governor was degraded in Maharashtra and other states. This is unfortunate. It is very sad that an outside gang is operating in the state," the statement read.
The UPA legislators also claimed that the BJP was unable to digest a tribal chief minister.
The statement urged the Governor to "avoid pushing the state towards chaos. The Constitution has given the responsibility of protecting the rights of Adivasi-Dalit on your shoulders."
Reacting to the statement, BJP state president and MP Deepak Prakash said, "Law will take its own course."
The ruling coalition has 49 MLAs in the 81-member Assembly.
Following a petition by the BJP seeking the CM's disqualification from the Assembly in an office of profit case, the EC has sent its decision to state Governor Ramesh Bais on August 25.
Though the EC's decision is not yet made official, there was a buzz that the poll panel has recommended Hemant Soren's disqualification as an MLA.
The BJP has sought Soren's disqualification for violating Section 9 (A) of the Representation of the People Act, 1951, which deals with disqualification for government contracts.
The clause states that "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".
The issue was referred to the governor and by him to the EC, as Article 192 of the Constitution states that on rulings regarding an MLA's disqualification, the question shall be referred to the governor who in turn "shall obtain the opinion of the Election Commission and shall act according to such opinion".
The JMM, the largest party, has 30 MLAs, the Congress 18 legislators, and the RJD one. The main opposition BJP has 26 MLAs in the House.
Meanwhile, Soren on Sunday met Congress's state in-charge, Avinash Pandey, amid the looming political crisis in the state.
The Election Commission (EC) is believed to have sent a missive to Governor Ramesh Bais, recommending the disqualification of Soren as a legislator in the mining lease case.
"It was a courtesy meeting. They had a one-on-one meeting. But, when two big leaders of parties meet, they discuss about current politics and its future," said Congress minister Alamgir Alam.
Meanwhile, Congress has sent a letter to speaker Rabindra Nath Mahato, seeking disqualification of its three MLAs -- Irfan Ansari, Naman Bixal Kongari and Rajesh Kachhap under the anti-defection law.
The three MLAs were arrested in Howrah by the West Bengal Police on July 30 with cash, with the Congress claiming that they were paid to topple the JMM-led coalition government in the state.
The speaker has sought reply from the three MLAs by September 1, assembly officials said.
Meanwhile, assembly sources said that the speaker may take a call on a case pertaining to anti-defection charges against BJP legislator and former chief minister Babulal Marandi.
The speaker had initiated the anti-defection proceedings in December 2020 after Marandi merged his Jharkhand Vikas Morcha (Prajatantrik) with the BJP in February that year and was unanimously elected the leader of BJP legislative party.
The opposition BJP on Sunday lashed out at Soren over his "picnic" on a boat with MLAs at Latratu dam in Khunti district the day before.
Senior BJP leader Babulal Marandi said the CM was "busy enjoying a picnic", while the entire state machinery has ground to a halt.
His colleague and former minister Bhanu Pratap Shahi demanded Soren's resignation ahead of any formal declaration of his disqualification as an MLA by the governor.
The EC is believed to have sent a missive recommending the disqualification of Soren as a legislator in a mining lease case by Governor Ramesh Bais on Friday.
However, no action has been initiated so far.
The ruling UPA alliance, led by the JMM, has however ruled out any resignation at this stage and asserted that it has the strength in the Assembly to continue its rule.
The ruling JMM-Congress-RJD coalition, worried by what they see as moves by the BJP to poach their alliance, had moved MLAs in three buses towards the Chhattisgarh border on Saturday only to make a U-turn in the evening to return to the state capital, after having spent a few hours at Latratu.
"We had a fun-filled boat ride and picnic," a senior Congress leader had claimed.
In a tweet sharing a photo of Soren's boat ride along side that of a woman who was allegedly set on fire by a man in Dumka, Marandi said, "Both these pictures are from the same day. The ruling dispensation has no time to take care of you. If possible, please forgive us, daughter."
Former BJP minister and legislator Bhanu Pratap Shahi hit out at Soren, stating that he should resign on his own instead of attacking constitutional bodies.
The CM had in a tweet recently said that constitutional institutions "can be bought", but "how does one purchase the support of common people".
Objecting to CM's statements, Shahi said, "Soren should clarify under what circumstances did he take the mining lease in his name and whether the Constitution permitted it."
The BJP has sought Soren's disqualification for allegedly violating Section 9 (A) of the Representation of the People Act, 1951, which deals with disqualification for government contracts, by extending himself a mining lease.
The clause states that "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".
The issue was referred to the governor and by him to the EC, as Article 192 of the Constitution states that on rulings regarding an MLA's disqualification, the question shall be referred to the governor who in turn "shall obtain the opinion of the Election Commission and shall act according to such opinion".
Sources in Raj Bhavan said the poll panel has recommended the chief minister's disqualification as an MLA, but there has been no official confirmation on the matter as yet.
The JMM and Congress have maintained that they would firmly stand behind Soren.
Speculations are still rife that the ruling coalition MLAs may go to an undisclosed destination in some "friendly state" such as West Bengal or Chhattisgarh as the BJP may make a serious attempt to poach legislators in a bid to topple the government in a manner "similar to Maharashtra".
Congress general secretary and Jharkhand in-charge Avinash Pandey had on Saturday held a meeting with party legislators to discuss the situation at hand and plan a strategy.
Pandey, lambasting the BJP, said, "The way the opponent had been trying to destabilise the government is not good for a democracy. We will discuss and review the situation and chalk out a strategy."
He reiterated that there was no threat to the UPA government.
The ruling coalition has 49 MLAs in the 81-member Assembly.
The JMM, the largest party, has 30 MLAs, the Congress 18 legislators, and the RJD one.
The main opposition BJP has 26 MLAs in the House.