Guwahati HC quashes 2019 MCC violation case vs Himanta, wife

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Guwahati HC quashes 2019 MCC violation case vs Himanta, wife

The Guwahati High Court has said in a landmark observation recently that the time has come to reconsider the provisions of Section 126 of the Representation of the People Act (RP) Act, which was enacted in 1952.

This clause deals with the prohibition of public meetings/election campaigns during a period of forty-eight hours, with one hour fixed for the end of the poll.
A bench of Justice Rumi Kumari Fokan made the observation after dismissing a case filed against current Assam Chief Minister Himanta Biswa Sarma for alleged violation of the Model Code of Conduct during the 2019 Lok Sabha elections.

It may be recalled that a complaint was lodged in the court of Chief Judicial Magistrate (CMJ) Kamrup (Metro) against Sarma as well as a news channel following the direction of the Election Commission of India (ECI).
According to the allegations, the managing director of Sarma and the channel (Sarma’s wife, Reniki Bhavian Sarma) telecast a live interview on April 10, 2019, within 48 hours of the Lok Sabha elections and comply with the Model Code of Conduct for Lok Sabha Elections (MCC). Was violated. The first round of elections is scheduled for April 11, 2019.

The CJM of Kamrup Metro had taken notice of the offense under Section 126 (1) (b) of the RP Act and imposed a fine of Rs 2,000 on Sarma and his wife and ordered them to appear in court on March 21.

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