V.N. Sinha, J. Petitioner filed this election petition under Section 81 of the Representation of the People Act, 1951 (hereinafter referred to as the Act) questioning the election of respondent no.1 from 30-Patna Sahib Parliamentary Constituency held on 7.5.2009 (hereinafter referred to as the impugned election) on the ground that his nomination paper for contesting the impugned election was improperly rejected and for such improper rejection of the nomination paper of the petitioner impugned election of respondent no.1 is void.

2. In the election petition petitioner asserted that he came to the office of the Returning Officer to file his nomination paper for contesting the impugned election on 17.4.2009 at 1.30 P.M. but the nomination paper was not received and he reported such fact to the State Electoral Officer, Bihar under letter no.EC/1/2009 dated 17.4.2009, Annexure-1. Petitioner again approached the Returning Officer on 18.4.2009 for filing his nomination paper, which was received and petitioner was administered oath at 11.26 A.M. Acknowledging the fact that petitioner filed his nomination paper for contesting the impugned election in two sets on 18.4.2009 at 11.25 A.M. he was granted receipt in part 6 dated 18.4.2009, Annexures-3, 3/1 asking him to appear for the scrutiny of the nomination paper on 20.4.2009 at 11 A.M. in the Chamber of the District Magistrate, Patna in Collectorate, Patna. Petitioner was also served with the check list dated 18.4.2009, Annexure-2/l indicating that the documents required to be appended with the nomination paper has been appended with the same. He was also served with the certificate dated 18.4.2009, Annexure-2 that he was administered oath on 18.4.2009 at 11.26 A.M. Petitioner was telephonically called on 19.4.2009 in the confidential section of the office of the Returning Officer to collect urgent letter no.86 dated 19.4.2009, Annexure-4 asking him to produce all his proposers on 20.4.2009 in the office of the Returning Officer for verification of their signature. In compliance of the instruction contained in letter dated 19.4.2009, Annexure-4 petitioner came to the office of the District Magistrate/Returning Officer on 20.4.2009 along with his 9 proposers. The Returning Officer proceeded with the scrutiny of the nomination paper of the petitioner and became satisfied after examining the Voter identity Card of the proposers as also by verifying their signature. In paragraph 8 of the petition petitioner has stated that he requested the Returning Officer in writing that he may be permitted to produce his 10th proposer Dr. Tapeshwar Thakur on 21.4.2009 as on 20.4.2009 10th proposer of the petitioner was engaged in the marriage of his daughter at Jamalpur but such request was declined, whereas Returning Officer allowed another candidate Sri Hasan Faizi Azami respondent no.7 to produce his 10th proposer on 21.4.2009. Aforesaid indiscretion of the Returning Officer was reported to the Election Commission of India and Chief Electoral Officer, Bihar but they also did not take notice of the aforesaid indiscretion on the part of Returning Officer. Petitioner, however, produced his 10th proposer in the office of the Returning Officer on 21.4.2009 at 9.15 A.M. but the petitioner was neither allowed to meet the Returning Officer with his 10th proposer nor information about the said fact was given to the Returning Officer by the subordinates of the Returning Officer. It is stated in paragraph-9 of the election petition that the Returning Officer did not permit the petitioner and others to examine either his own nomination paper or the nomination paper of other candidates and thereby according to the petitioner scrutiny was not conducted as prescribed under law. Aforesaid misdemeanour of the Returning Officer was communicated by the petitioner to the Chief Electoral Officer, Bihar and Chief Election Commissioner of India under letter no.2/EC/09 dated 20.4.2009 and letter no.3/EC/09 dated 2