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News » States
New Delhi, May 19, 2010

Soren continuing in post is a fraud on statute: Marandi

J. Venkatesan

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PTI Shibu Soren

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Can a person repeatedly avail himself of the benefit of Article
164 (4) of the Constitution and become Chief Minister for at least six months
without getting elected member of the legislature?

Raising this question of law, Babu Lal Marandi, MP and president
of the Jharkhand Vikas Party on Tuesday moved the Supreme Court, challenging the
functioning of Shibu Soren, who had become Jharkhand Chief Minister for the
third time invoking Article 164 (4), but without getting elected to the
Assembly. Contending that it was a fraud on the Constitution, he sought a
direction to the Governor to restrain Mr. Soren, who is an MP, from continuing
as Chief Minister.

Time running out

Mr. Marandi, in his petition filed through counsel Anurag Kumar,
pointed out that Mr. Soren was sworn in as Chief Minister on December 30, 2009
and he could continue in the post only if he was elected to the legislature
within six months. Owing to paucity of time, there was no chance of the Election
Commission completing the election process in the remaining 43 days of the
six-month time available to Mr. Soren. Further there was no vacancy for him to
get elected.

Earlier, in March 2005, Mr. Soren was first sworn in as Chief
Minister but he had to quit shortly thereafter, following the court's
intervention. Again in August 2008, he became Chief Minister but he got defeated
in a January 2009 by-election and he had to resign. And President's Rule was
imposed. Again in December last, he became Chief Minister taking advantage of
Article 164(4).

The petitioner quoted a Supreme Court judgment in the case of S.R.
Chaudhuri vs. the State of Punjab which said, “during the term of the same
Legislative Assembly, without getting elected in the meantime was improper,
undemocratic, invalid and unconstitutional…”

“People duped”

Mr. Marandi said this petition raised a vital question of
constitutional propriety and continuous breach of the mandate under Article 164
(4). On every occasion, Mr. Soren duped the people of Jharkhand. The Governor
should view this matter with all seriousness and restrain him from functioning
as Chief Minister, the petitioner said and sought a direction in this regard.

Correction

The second paragraph of the above report describes Babulal Marandi
as MP and president of the Jharkhand Vikas Party. His party is Jharkhand Vikas
Morcha – Prajatantrik (JVM-P).

Keywords: Jharkhand
crisis, BJP, JMM, Shibu
Soren, Gadkari

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