HIMANTA BISWA SARMA Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) Heard Mr. D. Saikia, learned Senior Counsel for the petitioner as well as Mr. A. Sarma, learned Standing Counsel, Election Commission of India (ECI) representing respective respondents.

(2.) The present petition has been preferred under Sec. 482 r/w Sec. 397 CrPC challenging CR Case No.1843C/2019 under Sec. 126(1)(b) of the Representation of People's Act (for short, "RP Act") pending before the court of learned CJM, Kamrup (M) at Guwahati along with various orders passed by the learned court dtd. 10/1/2022, 24/1/2022, 11/2/2022, 25/2/2022 and for quashing of impugned orders as well as entire proceeding.

(3.) Case of the petitioner, as narrated in the petition is that, one Vibekananda Phookan, Secretary, Election Department-cum-Addl. Chief Electoral Officer, Assam filed a complaint petition before the court of learned CJM, Kamrup (M) as per direction of the Election Commission of India (ECI) against the present petitioner who is a Member of the Assam Legislative Assembly holding the post of Chief Minister of Assam as well as against the news channel "News Live" represented by its Chairman-cum-Managing Director alleging violation of Model Code of Conduct (MCC) of the Lok Sabha Election by telecasting a Live Interview at 7.55 P.M. on 10/4/2019 i.e. within 48 hours of first phase of polls scheduled on 11/4/2019 with a prayer for taking cognizance of the offence under Sec. 126(1)(b) of the RP Act.