IMPORTANT POINT
Presentation of Election Petition before Stamp Reporter of the High Court of Gauhati who presented it to Designated Election Judge with his note is properly presented under RPA.

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 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.

3. 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.

4. 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.

5. The submissions made on behalf of the appellants led by Shri R.K. Jain, Senior Advocate, may briefly be noticed. It was submitted that under Article 329 of the Constitution no election to either House of Parliament or to the Houses of the Legislature of the State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by an appropriate Legislature. The RPA, provides for the conduct of elections to the Houses of Parliament and to the Houses of the Legislature of each State, and for the decision of disputes arising out of or in connection with such elections, amongst other things. Chapter II deals with presentation of election petitions to High Court. Under Section 80, no election shall be called in question except by an election petition presented in accordance with the provisions of this Part. Under Section 80-A, the Court having jurisdiction to try an election petition shall be the High Court. Such jurisdiction shall be exercised ordinarily by a Single Judge of the High Court and the Chief Justice, shall, from time to time, assign one or more judges for that purpose. Section 81 provides for presentation of petitions, and Section 86 deals with the consequences of non-compliance. These provisions are reproduced hereunder:-

"81. Presentation of petitions.-(1) An election petition calling in question any election may be p