Gauhati HC dismisses poll code violation charge against Assam CM Himanta Biswa Sarma

The Gauhati High Court on Saturday gave a clean chit to Assam Chief Minister Himanta Biswa Sarma in a case pertaining to violating the model code of conduct (MCC) during the 2019 Lok Sabha elections, setting aside the entire proceeding in the case. Sarma had moved to the high court after a lower court in February summoned him to appear before it and also slapped a fine on him.

Earlier, the Election Commission had filed the case against Sarma based on an allegation levelled by Assam Congress that he had given an interview to a news channel even after the MCC was imposed. Digital evidence was submitted against Sarma then. The lower court had also summoned a representative of the news channel to appear before it.

The HC order stated that 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 under Section 126(1)(b) of the Representation of People`s Act pending before the court of learned CJM, Kamrup (M), is hereby quashed and set aside.

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