JUDGMENT

TARUN CHATTERJEE, J.

The appellants in CA No. 6622 of 2003 and CA No. 6750 of 2003 are aggrieved by the dismissal of their Election Petition Nos. 1 and 2 of 2002 by the Bench of the High Court of Bombay on preliminary issues without any trial and have filed these two statutory appeals under section 116A of the Representation of the People Act, 1951 (in short "the Act" ) against two separate judgments of the same Bench of Bombay High Court. Since common questions of law and facts arose in both the appeals, they were heard together and are being disposed of by this common judgment.

2. Facts of the two appeals being practically similar in nature are briefly stated:-

In the Election Petition being Election Petition No. 1 of 2002 of Chandrakant Uttam Chodankar out of which C.A. No. 6622/2003 arises, the appellant challenged the validity of the Assembly election of Siolim Constituency, Goa under section 86 of the Act in which he contested but the respondent No. 1 was declared elected. The election of the returned candidate was questioned inter alia on the ground that the returned candidate ( Respondent No. 1 ) on the date of nomination and the date of election of the constituency in