- (1.) Leave granted in all the SLPs. A common question of law arises for decision in all the three appeals. It would suffice to state the facts of one of the cases to have a glimpse of the backdrop events in which the question has emerged for decision. In Civil Appeal No. ___________/2003 (arising out of SLP(C) No. 6098/2002) the appellant contested the last election to Legislative Assembly from 'No. 5, Badarpur Legislative Assembly Constituency of Assam' held on 10-5-2001. The appellant was declared duly elected. On 27-6-2001 the contesting respondent filed an Election Petition under Section 80/81 of the Representation of the People Act, 1951 (hereinafter RPA, for short), laying challenge to the appellants election. The Election Petition was presented before Stamp Reporter-cum-Oath Commissioner of the High Court of Assam. The Stamp Reporter received the election petition, conducted the preliminary scrutiny thereof, and, along with his note, put up the same before the Designated Election Judge. The appellant (respondent before the High Court) on being noticed and having been served with a copy of the election petition, filed an application raising preliminary objection to the maintainability of the petition, seeking its dismissal in limine under Section 86 of the Act for non-compliance with Section 81 of the Act. The gist of the plea raised by the appellant is that the Election Petition should have been presented either before the Designated Election Judge or the Chief Justice of the High Court; and that the presentation before the Stamp Reporter is invalid under Section 81 of the Act; and therefore, the petition is liable to be dismissed without trial. The learned Designated Election Judge has overruled the objection preferred by the appellant and held that the election petition was properly presented. In forming this opinion the learned Designated Election Judge has relied on Chapter VIIIA of the High Court Rules which will be noticed hereafter at an appropriate place.
(2.) The facts in the other two appeals are similar and it would suffice to state that similar objections that were preferred by the respondents in the High Court (appellants before us) disputing the validity of the presentation of the respective election petitions, which had been presented before the Stamp Reporter, have been overruled.
(3.) We have heard the learned Counsel for the parties led by the learned Senior Advocates on both the sides. We are satisfied that there is no merit in these appeals and the same are liable to be dismissed.;