JUDGMENT - N.P. CHAPALGAONKER, J.:---An interesting point has been raised in this petition whether a candidate who has lost election and has filed Election Petition under section 15 of the Bombay Village Panchayats Act, 1958 succeeds in proving that returned candidate was not qualified to be elected, would be entitled for a declaration that he is elected in place of the returned candidate.

2. Election to Village Panchayat, Wadule in Newasa taluka took place on 19-6-1989 and respondent No. 5 herein was declared elected for Ward No. 3. It was the case of the petitioner that the respondent No. 5 is a Christian and does not belong to any of the recognised Scheduled Castes. Since the seat is reserved for the Scheduled Castes respondent No. 5 is not entitled to contest the said election. On this ground, the election came to be challenged by way of Election Petition bearing No. 2 of 1989 before the Civil Judge, Junior Division at Newasa. It was contended by the present petitioner in that Election Petition that the respondent No. 5 herein has stated in his nomination paper that he belongs to Hindu Mahar community whereas in fact he was a Christian and was not belonging to any of the Schedu

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