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Regular-article-logo Sunday, 17 August 2025

COURT UNSEATS SHIBU SOREN 

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FROM R. VENKATARAMAN Published 19.07.01, 12:00 AM
New Delhi, July 19 :    New Delhi, July 19:  Controversial Jharkhand Mukti Morcha (JMM) leader Shibu Soren today lost his Rajya Sabha membership after the Supreme Court upheld a Patna High Court verdict which had unseated him on May 19 last year. Soren's election as MP was set aside on grounds that he had held an 'office of profit' as chairman of the interim Jharkhand Area Autonomous Council (JAAC) during the time of his election to the Rajya Sabha. While the trial court had held that the post was an 'office of profit' and the high court had upheld it, Soren argued before the apex court that the post could not be construed to be an office of profit as he 'enjoyed the status of a minister while functioning as chairman of the interim council'. A three-judge bench of Chief Justice A.S. Anand and Justices R.C. Lahoti and Shivraj V. Patil, in a 46 page reasoned judgement, said Parliament, under Article 102 of the Constitution, had exempted some offices as 'offices of profit' and since the post of chairman of JAAC was not exempted, Soren could not claim the exemption from 'disqualification' under the Parliament (Prevention of Disqualification) Act, 1959. Further, the JAAC Act has not been included in the exemption schedule to the 1959 Act by Parliament. So, Soren, as chairman, had drawn a honorarium of Rs 1,750 per month, daily allowance at the rate of Rs 150 and Rs 120 per day as allowance for attending the meetings of the interim council. Further, he was given a furnished rent free accommodation and a car with driver. These were held to be 'pecuniary gains'. Soren had secured the highest number of votes during the biennial election to the Rajya Sabha held on June 18, 1998, defeating Dayanand Sahay. Soren maintained that he had not been earning any 'profit' and was drawing only honorarium and allowances to meet his 'out of pocket expenses'.    
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