1. The order shall govern the disposal of IA No. 2, an application under O.7 R.11 of the Code of Civil Procedure, filed by the respondent No. 1, the returned candidate, wherein the respondent No. 1 has challenged the tenability of the election petition and raised the preliminary objection that the election petition do not disclose the cause of action.

2. The petition is preferred inter - alia claiming the following relief : -
(1). declare the election of the respondent in the constituency No. 16 of Raigarh (C. G.) as void.
(2). thus declare the petitioner as the successful elected candidate.
(3). and / or any other relief as the Hon'ble Court may deem fit in the interest of justice.

3. As would evident from the prayer made, the challenge is on the ground that the petitioner, who belongs to Indian National Congress for Legislative Assembly Constituency, 16 Raigarh and the respondent, who was the candidate of Bhartiya Janta Party, it is pleaded that the petitioner, lost the election for the reason, corrupt practice was adopted by the respondent returned candidate. The petitioner received about 70453 number of votes, whereas, the returned candidate received 91045 number of votes, where