(This Writ Petition is filed under articles 226 and 227 of the Constitution of India Praying to quash the impugned order at. ANX-A dt.12.12.2006 passed by the learned Principal Civil Judge[JR.DN] at Madikeri in Election Petition 1.2005 and etc.)

1. The petitioner and 26 others including the 1st respondent herein contested from the Closebern constituency reserved for Scheduled Caste, of the Kadagadalu Gram Panchayath in the election held on 27.2.2005 whence the petitioner was declared elected having secured the highest number of votes while the 1st respondent secured the second highest number. The 1st respondent while calling in question the said declaration sought to be declared as the duly elected candidate, by filing Election Petition No.1/2005 before the Prl. Civil Judge (Jr.Dn.) Madikeri, invoking the provisions of the Karnataka panchayath Raj Act, 1993, for short the Act. The specific case of the election petitioner was that the declared candidate did not belong to Scheduled Caste and had, by furnishing a false caste certificate contested the election, though did belong to ‘Bharathiya Hindu Malayali’ caste, not a declared scheduled caste. That petition was opposed b