The maintainability of the Election Petition No. 7/2001 presented by the opposite party/election petitioner has been challenged in this misc. application by the applicant/respondent who has been declared elected as the member of the Assam Legislative Assembly from No. Ill Lakhimpur Legislative Assembly in the last General Assembly Election held on 10.5.01. In the election petition, the election petitioner who was a candidate from Indian National Congress Party in the said election, has sought for a declaration of the election of the applicant/respondent belonging to Asom Gana Parishad party to be void on the ground of corrupt practice.

2. The following are the two issues raised questioning the maintainability of the election petition.

(1) Whether Rule 1 of Chapter VIII-A of the Gauhati High Court Rules (for short "the Rules") particularly insofar as it relates to presentation of election petition before Stamp Reporter, is unauthorised, without jurisdiction and ultra vires Article 329(B) of the Constitution of India as well as Sections 80, 80-A and 81 of the Representation of the People Act, 1951 (for short, the 'Act').

(2) Whether presentation of election petition befo