Concurrent decision rendered by the two courts below that the petitioner, a returned candidate, in the election to the Grama Panchayath has suppressed material particulars of a criminal case he was involved while submitting his nomination paper, disclosure of which was mandated by the rules, and, therefore, his election as a member of the Panchayath is liable to be set aside, is challenged in the revision.

2. Petitioner and the respondent contested the Panchayath election held on 26.9.2005 from Ward No.3 of Balal Grama Panchayath. Petitioner having secured majority of votes than those secured by the respondent, he was declared elected. The respondent challenged the election of the petitioner filing an election petition before the Munsiff Court, Hosdurg contending that he had suppressed material particulars of a criminal case against him while furnishing Form 2A with his nomination paper. Petitioner was involved in a criminal case and facing trial, numbered as C.C.No.304 of 2004, for offences punishable under Sections 143, 147, 447 and 153 read with Section 149 of the Indian Penal Code before the Judicial 1st Class Magistrate Court, Hosdurg, was the ground canvassed by the