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Gauhati High Court quashes court proceedings against CM on 'MCC violation'

The Gauhati High Court has quashed certain impugned orders passed by the Court of the CJM, Kamrup (M)

Gauhati High Court

Sentinel Digital DeskBy : Sentinel Digital Desk

  |  12 Jun 2022 4:13 AM GMT

STAFF REPORTER

GUWAHATI: The Gauhati High Court has quashed certain impugned orders passed by the Court of the CJM, Kamrup (M) along with the entire proceedings pertaining to a case (1843c/2019) registered against Assam Chief Minister Himanta Biswa Sarma for his alleged violation of the Election Commission's Model Code of Conduct (MCC) before the Lok Sabha elections in the State in 2019.

The original case was registered at the CJM's Court as per a complaint filed by the then Additional Chief Electoral Officer of Assam, which alleged that Himanta Biswa Sarma had violated the MCC via a televised interview on April 10, 2019, which was within 48 before the first phase of polling for the Lok Sabha elections in the Tezpur, Kaliabor, Jorhat, Dibrugarh and Lakhimpur parliamentary constituencies.

The then CJM initially directed the Additional Chief Electoral Officer of Assam to appear in court with relevant evidence, including a pen drive containing the televised interview in question. However, the official failed to appear in court despite repeated summonses.

Subsequently, a new CJM took up the matter and the Election Department submitted the evidence sought by the court.

Taking into consideration the uncontroverted documents produced and relied on by the petitioner, this Court is of the considered opinion that continuation of the criminal proceeding would amount to an abuse of the process of court causing injustice and quashing of the proceeding would otherwise serve the ends of justice. Resultantly, the impugned orders as well as the entire proceeding pertaining to CR Case No.1843C/2019 under Section 126(1)(b) of the Representation of People's Act pending before the court of learned CJM, Kamrup (M) at Guwahati is hereby quashed and set aside.

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