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The Gauhati High Court has quashed proceedings and order passed by the Chief Judicial Magistrate, Kamrup (M) against Assam Chief Minister Himanta Biswa Sarma over alleged violation of the Election Commission's Model Code of Conduct during the 2019 Lok Sabha Elections.

The order has been passed in a plea filed by Sarma challenging the CJM court order summoning Sarma to appear before the Court.

The CJM court had passed orders against the Chief Minister in a complaint filed by Additional Chief Electoral Officer, Assam, wherein, an allegation was made that Sarma violated MCC through an interview telecasted on television within 48 hours before the first phase of the 2019 Lok Sabha elections.

The CJM court had asked the officer to produce evidences along with a copy of the interview in a pendrive.

However, the High Court noted that the continuation of the proceedings would amount to an abuse of the process of court causing injustice, and quashing of the proceeding would otherwise serve the ends of justice.

The High Court ordered, "Resultantly, the impugned orders, as well as 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."

The state election department had filed the case against Sarma on May 14, 2019 based on a complaint by Assam Pradesh Congress Committee president on April 11, 2019 alleging that Sarma, who was the state health minister then, violated the Lok Sabha election model code of conduct when a local TV channel telecast his "live Interview "within 48 hours of the first phase of polls".

Case Title: Dr. Himanta Biswa Sarma v. The Election Commission of India And 5 Ors