New Delhi: The Supreme Court on Monday sought a
response from Jharkhand Chief Minister Arjun Munda on a
petition accusing him of misusing the constitutional provision
for occupying the post of Chief Minister without being elected
to the state Assembly.
The apex court also issued a notice to former Chief
Minister and JMM supremo Shibu Soren who had held the post
thrice without being elected to the Assembly within six
A Bench comprising Justices Altamas Kabir and Cyriac
Joseph also sought a response from the Governor through its
Secretary on the alleged misuse of the special provision under
Article 164 (4) of the Constitution.
Article 164 (4) enables an unelected person to become the
Chief Minister subject to the condition that he/she would get
elected to the Assembly within six months.
The petition filed by a Delhi-based RTI activist Deb
Ashish Bhattacharya through advocate Amit Pavan alleged Soren
took advantage of the constitutional provision thrice while
Munda was using it for the second time.
He has sought a direction for the Governor to restrain
Munda to function as a full-fledged Chief Minister and from
taking Cabinet decisions on policy matters.