The Supreme Court on Thursday refused to give urgent hearing to the petition filed by Jharkhand Vikas Morcha (JVM) chief Babulal Marandi seeking dismissal of Shibu Soren government for misusing Constitutional provision by occupying the post of Chief Minister without being elected to the state Assembly.
A vacation bench comprising Justices G. S. Singhvi and Chandramouli Prasad said that there was no urgency in the matter and it will be heard during the routine course.
Mr. Marandi, who was the first Chief Minister of Jharkhand after the state was carved out from Bihar, accused the JMM chief of misusing the special provision under Article 164 (4) of the Constitution.
Article 164 (4) enables an unelected person to become chief minister subject to the condition that he/she would get elected to the Assembly within six months.
The JVM chief’s petition alleged that it was the third time that Mr. Soren took advantage of the Constitutional provision and has been unable to get himself elected to the House.
He had sought a direction for the Governor to restrain Mr. Soren to function as a full-fledged Chief Minister and from taking cabinet decisions on policy matters.
The petition said it has now become impossible for the JMM chief to get elected to the House as only 42 days are left for him to complete six months as Chief Minister since he was sworn in on December 30, 2009, while the Election Commission takes around 47 days to complete the process of bye—election.
Mr. Soren had first assumed the office of the Chief Minister on March 2, 2005, and had to leave the office on March 11, 2005.
He assumed the office of the Chief Minister a second time on August 27, 2008 and had to resign on January 18, 2009,after he lost the bye—election from Tamar Assembly seat to independent candidate Raja Peter.
Besides the Governor, the petition has also named Mr. Soren one of the six respondents.