JUDGMENT

R.C. Lahoti, J.-Leave granted in all the SLPs.

2. 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. 1860/2003 (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 Representative of the People Act, 1951 (hereinafter RPA, for short), laying challenge to the appellant s 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 electron petition, filed an application raising preliminary objection t