Assam Chief Minister Himanta Biswa Sarma has been summoned at Chief Judicial Magistrate (CJM) court on February 25 in a case related to violation of Model Code of Conduct during the 2019 Lok Sabha election.
The Chief Minister has been summoned in a case filed by Election Commission.
The Election Commission has filed the case against the Chief Minister based on an allegation by Assam Pradesh Congress Committee saying that the Chief Minister who was then a state minister has violated the model code of conduct during the election.
The APCC alleged that Himanta Biswa Sarma had given an interview to a satellite channel after the election campaign time was over.
The complainant side has submitted the following documents and material along with the petition:-
1. The copy of the Complaint submitted by the President, Assam Pradesh Congress Committee dated 10.04.2019.
2. The copy of the Complaint dated 10.04.2019 submitted by the General Secretary, Assam Pradesh Congress Committee.
3. The transcript of the interview of Dr. Himanta Biswa Sarma.
4. The copy of the report bearing Letter No. ELE.49/2019/Pt-I dated 11.04.2019 submitted to the Election commission of India by the then Secretary to the Government of Assam, Election Department, Dispur, in connection with the alleged violation of the Model Code of Conduct by Dr. Himanta Biswa Sarma.
5. A copy of the Letter bearing No. 437/AS-HP/2019/NESII/428 dated 18.04.2019 containing instructions for filing of complaint before the Hon’ble Court as regards the violation of Model Code of Conduct by Dr. Himanta Biswa Sarma.
6. A pen drive containing the audio- visual recording of the interview of Dr. Himanta Biswa Sarma telecasted in the news channel.
As per the above mentioned documents and complaint petition filed by the complainant being the Secretary, Election Department-cum-Addl. Chief Electoral Officer, Assam who is a Public Servant in discharge of his official duty, the two accused namely Dr. Himanta Biswa Sarma and the news channel owned by M/S Pride Entertainment Pvt. Ltd. Represented by the then Chairman cum-Managing Director, violated the Model Code of Conduct of Lok Sabha Election by telecasting a Live Interview of the accused Dr. Himanta Biswa Sarma at 7.55 PM on 10- 4-19 i.e, within 48 hours of the 1st Phase of Polls scheduled on 11-4-19.
Hence, the allegation or the case of the complainant comes under the purview of the section 126(1)(b) of the Representation of People’s Act i.e, as per the complaint petition and the above mentioned documents submitted by the complainant, the two accused prima facie committed the offences u/s 126(1)(b) of the Representation of People’s Act.