1. The two petitions under consideration agitate an identical legal issue and hence are being disposed of by this common judgment SBCWP No.4701/2016 titled Shanti vs. Savitri is taken as the lead case and its facts adverted to.

2. Under challenge is the order dated 22.02.2017 passed by the Civil Judge, Rajgarh, Distt. Alwar holding the election petition filed by the respondent-election petitioner (hereinafter ‘election petitioner’) on 18.02.2015 against the petitioner-returned candidate’s (hereinafter ‘returned-candidate’) election as Sarpanch on 18.01.2015, within limitation and hence not liable to be rejected under Order 7 Rule 1 CPC as barred by law.

3. Mr. Manoj Bhardwaj, counsel for the returned-candidate submitted that Rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 (hereinafter ‘the Rules of 1994’) provides that an election to a Panchayati Raj Institution may be called in question by any candidate at such election by presenting a petition to the District Judge having jurisdiction within thirty days from the date of which the result of such election is declared. He submitted that as the limitation for filing of an election petition under Rule 80 of the Rul