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2022 Supreme(Gau) 424

RUMI KUMARI PHOOKAN
Himanta Biswa Sarma S/O- Late Kailash Nath Sarm – Appellant
Versus
Election Commission Of India REP. By The Chief Election Commissioner – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. D. Saikia, Senior Advocate.
For the Respondent:Mr. A. Sarma, Ms. P. Baruah, Mr. R. Dubey, Mr. A.I. Ali, Advocate.

JUDGMENT :

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 Section 482 r/w Section 397 CrPC challenging CR Case No.1843C/2019 under Section 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 dated 10.01.2022, 24.01.2022, 11.02.2022, 25.02.2022 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 th

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