JUDGMENT :- By this writ petition, the petitioner has challenged the judgment and order dated 23-12-2005, passed by the Civil Judge, Junior Division, Malkapur in Election Petition No. 2/2005. In the said Election Petition, filed under section 15 of the Bombay Village Panchayat Act, 1958, the petitioner challenged the rejection his nomination paper by the respondent No. 2 and consequential Election of respondent No. 1 as un-opposed. The petition has been dismissed by the Lower Court, and this Court has issued Rule in the matter on 63-2006. The petitioner has thereafter moved Civil Application No. 5146/2006, for grant of early hearing, and by consent of parties, the petition has been heard finally, at that stage only because of the nature of controversy and short point involved.

2. The contention of petitioner is that it is not necessary for petitioner/candidate to supply caste certificate along with his nomination paper and rejection of his nomination paper by the respondent No.2 is bad.

3. Facts in brief are that, the petitioner wanted to contest the elections of Gram Panchayat at village Datala in June, 2005. The petitioner belongs to Scheduled Tribe and his tribe is "Pardhi". Sea

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