1. Heard Mr. Arbind Nath Pandey, learned counsel appearing on behalf of the petitioner, Mr. Alok Ranjan, learned A.C. to G.P.17 for the State and Mr. Ashutosh Ranjan Pandey, appearing on behalf of respondent no.5. This application under Article 227 of the Constitution of India has been filed for quashing the order dated 4.6.2012 passed by the learned Munsif, Kaimur at Bhabhua in Election Case No.63 of 2011 whereby the learned court below, while considering the application filed on behalf of the petitioner who is the returned candidate under Order 7 Rule 11(d) of the Code of Civil Procedure quashing the Election Case on grounds of being barred by limitation, has been pleased to dispose of the same by holding that the issue raised thereunder shall be considered as an issue in course of the trial. Facts of the case lie in a narrow compass. The election of the petitioner as Mukhiya, Gram Panchayat, Ghataon in the district of Kaimur has been questioned by the respondent no.5 by filing the election case in question giving rise to Election Case No.63 of 2011 filed under the provisions of the Bihar Panchayati Raj Act, 2006 and the Rules framed thereunder.

2. It is not in contest tha