Why The Impasse In Jharkhand Is Hurting The Credibility Of The Governor And The BJP

It’s been more than two months since Jharkhand Governor Ramesh Bais received a letter from the Election Commission of India (ECI) on a petition seeking Chief Minister Hemant Soren’s disqualification on an ‘office of profit’ matter. 

Bais received the letter on 24 August, but has not made its contents public or acted on the ECI’s recommendations as yet. This has created a lot of political and even administrative uncertainty in the state. 

The ECI, it is widely speculated, has recommended Soren’s disqualification from membership of the state assembly and also a bar on his contesting elections for a few years (read this). 

It is widely believed that the ECI has, on a complaint made by the Bharatiya Janata Party (BJP) that was forwarded by Governor Bais to the ECI, found Soren guilty of violating Section 9A of the Representation of The People Act, 1951. 

The Governor has refused to divulge the contents of the letter he has received from the ECI, and has turned down requests from the Chief Minister and the state government in this regard. 

Soren and his party — the Jharkhand Mukti Morcha — has also approached the ECI with the same request, but the ECI had also refused to entertain their request. 

The uncertainty over the fate of the Chief Minister has created a lot of political confusion in the state as well as an administrative paralysis of sorts.

It has also increased tensions within the Jharkhand Mukti Morcha (JMM)-led ruling coalition in the state with the Congress and the RJD (both junior partners in the alliance) saying that they will not oppose Soren’s disqualification. 

If the ECI has actually found Soren guilty of violating the 1951 Act, he will have to resign as the Chief Minister and the JMM will have to find a replacement. His assembly seat — Barhait — will also fall vacant and bypolls will have to be conducted. 

Last week, Governor Bais told the media that he had sought a second opinion on the ECI’s recommendation. “No one should point a finger at me. So, I have sought a second opinion on the matter”, Baid told a local TV news channel. 

He added: “I don’t take any action on the basis of vindictiveness or to defame anyone. I hold a constitutional position and it is my duty to uphold the Constitution”. 

But he left little doubt about the contents of the ECI letter. Responding to criticism that the long delay on his part is facilitating attempts to destabilise the ruling coalition in the state, Bais said: “If that was my intention, I could have taken a decision based on the ECI’s recommendation”. 

However, Bais’ denials, notwithstanding, the public perception in Jharkhand and outside, is that the inordinate delay in divulging the contents of the ECI’s letter and acting on the recommendations has created an impasse in the state. 

And that this impasse is meant to help the BJP woo legislators from the ruling coalition in a bid to topple the government in the state. 

This perception has gained ground after three Jharkhand Congress legislators were arrested in end-July from Bengal with Rs 49 lakh in cash. The three had gone to Assam before that and were rumoured to have met some top BJP politicians there. 

Soren and the JMM had accused the BJP of trying to “buy” MLAs to topple the government. The BJP strongly denied the allegations, but that did little to negate the perception that attempts were being made to destabilise the JMM-led coalition government in the state. 

Since then, and due solely to the long delay by Governor Bais to reveal the contents of the ECI’s letter, this perception has only gained ground and strength. 

The Governor’s refrain that he has sought a second opinion and, hence, the delay, does not really sound very credible. The issue at hand is not a complicated Constitutional one that requires the opinion of legal experts. 

“It is an open and shut case. Hemant Soren granted a mining lease to himself while he was the Chief Minister and all clearances were hastily granted by the departments under him. That is a clear violation of the Representation of The People Act, and he is guilty. That disqualifies him from membership of the Assembly and also from contesting elections for a specific time frame as deemed fit by the ECI,” a senior lawyer of the Jharkhand High Court told Swarajya from state capital Ranchi. 

The BJP, which filed the original complaint against Soren to the Governor (who then forwarded it to the ECI) says it is up to the Governor to act on the ECI’s recommendation.

“As a party, we have nothing to do with what the Governor is doing or not doing. He is a Constitutional authority and knows his responsibilities”, senior BJP leader K.C. Murmu told Swarajya. 

But it is widely believed that the Governor is acting at the behest of the Union Government and not independently.

“Governors rarely act independently. Since whichever party is in power at the federal level appoints them, they act as per the directives of the Union Government. This is the case with our Governor as well. There is no conceivable reason for the delay on his part, and the only plausible explanation is that the delay is meant to help the BJP make attempts to topple our democratically elected government,” said JMM leader Basant Kumar. 

Kumar’s charge finds wide resonance in Jharkhand. And that is hurting the credibility of the Governor as well the BJP, which is being viewed as the party behind the delay on the part of the Raj Bhawan. 

Some BJP leaders concede this. “The Governor should make the ECI’s recommendations public and act on them. Ten weeks (since 24 August) is too long a time and patience is running thin. The Governor should act immediately. This impasse is hurting us,” a senior BJP leader told Swarajya. 

Also read: 

• More trouble for Hemant Soren as ED chargesheets close aides as beneficiaries of illegal coal mining worth over Rs 1000 crore