JUDGMENT

1. This writ petition under Article 227 of the Constitution of India has been filed assailing the legality and validity of the order dated 10.01.2022 passed by the learned Senior Civil Judge, Mahwa, District Dausa in Election Petition No.1/2020 whereby, an application filed by the petitioner/defendant under Order 7 Rule 11 read with Section 151 CPC, has been dismissed.

2. The facts in brief are that election of the petitioner as Sarpanch, Gram Panchayat Pakhar-21, Panchayat Samiti Mahwa, Tehsil Mundawar, District Dausa was challenged by the respondent No.1 by way of an election petition under Section 43 of the Rajasthan Panchayati Raj Act, 1994 (for brevity "the Act of 1994") read with Rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 (hereinafter referred to as "the Rules of 1994") framed thereunder. During the course of trial, the petitioner filed an application under Order 7 Rule 11 read with Section 151 CPC raising an objection as to maintainability of the election petition on the premise that it was presented before the Senior Munsarim, District and Sessions Court, Dausa instead of before the learned District Judge, Dausa as envisaged under Section 43 of th