What is ‘office of profit’ case against Jharkhand CM Hemant Soren, in which Governor Ramesh Bais refused to act?

What is ‘office of profit’ case against Jharkhand CM Hemant Soren, in which Governor Ramesh Bais refused to act?
What is ‘office of profit’ case against Jharkhand CM Hemant Soren, in which Governor Ramesh Bais refused to act?

The ‘office of profit’ case against Jharkhand Chief Minister Hemant Soren relates to his appointment as the chairman of the state’s Tribal Advisory Committee. The committee is tasked with advising the government on matters related to the welfare and development of tribal communities in the state.

Jharkhand Chief Minister Hemant Soren – via his lawyer – has sought a copy of the letter from the Election Commission of the request made by Governor Ramesh Bais for a second opinion in the office-of-profit case. In the letter, the Chief Minister said that it has been more than two months since the election body had communicated its opinion in the matter but the Governor has not yet revealed his decision.

The controversy stems from the fact that Hemant Soren is an MLA (Member of Legislative Assembly) and the appointment as the chairman of the committee is seen as an ‘office of profit’, which is prohibited under the Indian Constitution. The Constitution prohibits elected representatives from holding any office that comes with financial gain or other benefits.

The issue was brought to the attention of Jharkhand Governor Ramesh Bais, who is responsible for taking action on such matters. However, the governor refused to act, stating that the appointment of the committee chairman was not an ‘office of profit’.

Opposition parties, including the Bharatiya Janata Party (BJP) and the Jharkhand Vikas Morcha (JVM), have criticized the governor’s decision and have demanded that action be taken against the Chief Minister. They have accused Hemant Soren of violating the Constitution and have called for his resignation.

“However, my client has not received any notice from the Commission in this regard,” says Vaibhav Tomar – Soren’s counsel – in the letter. “Without prejudice” to Soren’s rights, the counsel has thereby asked for a copy of the Governor’s request, further urging the poll body to not “tender an opinion” pursuant to the second request without affording the chief minister a “fair and effective hearing”.

Hemant Soren has defended his appointment, stating that the Tribal Advisory Committee is an advisory body and does not come with any financial benefits. He has also accused the opposition of playing politics and trying to create controversy.

The ‘office of profit’ case against Hemant Soren is not the first of its kind in India. Similar controversies have arisen in the past, with many elected representatives facing allegations of holding offices of profit. The issue is seen as a critical matter of democratic accountability, as it ensures that elected representatives are not using their positions for personal gain.

The controversy in the matter started in August after the EC’s move in the case following a petition by the BJP seeking Soren’s disqualification from the assembly in the office of profit case under provisions of the Representation of the People Act.

The ‘office of profit’ case against Jharkhand Chief Minister Hemant Soren relates to his appointment as the chairman of the state’s Tribal Advisory Committee. The issue has sparked controversy, with opposition parties accusing Soren of violating the Constitution and demanding his resignation. The case highlights the importance of democratic accountability and ensuring that elected representatives do not use their positions for personal gain.

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