ALOK SHARMA,J. - (1.) Under challenge is the order dated 17-11-2016 passed by the Additional Senior Civil Judge Jhalawar dismissing the petitioner returned candidate's (hereinafter 'the RC') application seeking to determine the question of limitation in filing the election petition as a preliminary issue. The trial court took the issue of limitation as a preliminary issue and by the impugned order has held that the election petition was filed within limitation. Aggrieved the RC is before this court.
(2.) Relevant facts of the case are that election to the post of Sapranch of Gram Panchayat Kohdijhar were held and result thereof was declared on 24-1-2015. Rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 (hereinafter 'the Election Rules of 1994') provides that an election under the Rajasthan Panchayati Raj Act, 1994 and Rules thereunder including that of Sarpanch may be called in question by any candidate at such an election by presenting a petition to the District Judge having jurisdiction within thirty days from the date on which the result of such election is declared.
(3.) Section 10 of the Rajasthan General Clauses Act, 1955 provides thus:- "10. Commencement and termination of time.- In any Rajasthan law, it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time, to use the word "from" and, for the purpose of including the 1st in a series of days or any other period of time, to use the word "to".;