1. - This petition has been filed under Articles 226 and 227 of the Constitution of India challenging the order dated 21-9-2011 passed by Civil Judge (Senior Division) Fatehpur Shekhawati, District Sikar (herein after 'the Trial Court') in Election Petition No. 1/2010. The trial court has dismissed the application under Order 7 Rule 11 CPC, filed by the returned candidate, the petitioner herein, seeking rejection of the election petition filed by the respondent No. 2 (herein after "the election petitioner") under Section 43 of the Rajasthan Panchayati Raj Act, 1994 (herein after 1994 Act') and the Rule 80 of the Rajasthan Panchyati Raj (Election) Rules, 1994 (herein after 1994 Rules') for having failed to disclose a cause of action.

2. The facts of the case are that the petitioner (herein after the "returned candidate") contested election to the office of Sarpanch, Gram Panchayat Thimoli against the election petitioner and was declared elected on 31-1-2010 having secured the highest number of votes at election for the office of Sarpanch, Gram Panchayat Thimoli i.e. 968, as against the election petitioner who secured 957 votes. Aggrieved of the aforesaid election result the