BJP's
'Operation Lotus' in jeopardy in Jharkhand
The BJP is
in a serious dilemma with regard to Jharkhand even if Hemant Soren is
disqualified to hold the CM's post under the Office of Profit (OOP) law. A mere
disqualification order by the Governor, Ramesh Bains against him may not result
in the formation of BJP government.
The
BJP doesn't have the required strength of 41 MLAs in a house 81 to form a
government. The BJP is already on the back foot after three Congress MLAs were
found carrying Rs 50 lakh cash while traveling in West Bengal and jailed. It was
alleged that BJP was wooing them to split their parties on the pattern of
Maharashtra. The BJP was forced to put its “operation Lotus” on hold until
numbers were in place.
A
senior BJP leader told Lokmat, “We don't
have numbers on our side right now.” Secondly, Hemant Soren may appeal against the
Governor's order in the Jharkhand high court or Supreme Court. If he doesn't
get any relief, he may quit as CM and Assembly seat also. But he can stake
claim afresh before the Governor to form an alternative government.
There
is no legal bar for him to stake a fresh claim to form a government and will be
required to prove his majority on the floor of the house. Alternatively, he can
anoint his wife Kalpana Soren or mother Rupi to don the mantle during the intervening
period. His wife, who hails from Odisha, cannot contest from reserved tribal
seats. But she can contest from a general seat. Hemant Soren himself can be
re-contest from his Assembly constituency. There is no law to prevent his wife
or mother from holding the post of CM.
Legal
luminaries and constitutional experts say that the period of disqualification
has not been specified in the OOP law.
