1. This petition has been filed under Section 80 of the Representation of the People Act, 1951 (RPA) challenging the election of the Respondent from Malegaon (Outer) Assembly Constituency, Maharashtra Legislative Assembly General Elections, 2009, essentially on the ground that the Respondent was disqualified from standing for such election under Section 100(1)(a) of the RPA and that thus the result of the election was materially affected in so far as it concerned the returned candidate by improper acceptance of his nomination and by non-compliance of the provisions of the Constitution as also the Conduct of Elections Rules, 1961, resulting in the Respondent’s election being held void under Section 100(1)((d)(i) and (iv) of the RPA. It is further contended on behalf of the Petitioner that the Respondent did not take oath in accordance with Article 173(a) of Constitution of India before a person authorised for taking such oath by the Election Commission in accordance with Schedule III of the Constitution. It is argued that the time of taking oath by the Respondent is shown to be incorrect, the oath has not been taken before the authorized officer and that it is taken under