1. This order shall govern the disposal of application under O.7 R.11 of C.P.C., filed on 21.03.2014 wherein the Respondent No. 1 has challenged the tenability of the election petition. Another application was moved under O.7 R.11 on 09.03.2014 which is not pressed by the respondent.

2. The written statement in this election petition has been filed on 08.5.2014. Prior to that an application under O.7 R.11 of CPC was preferred to challenge the maintainability of the petition. The Instant I.A.No.1/2014 is under O.7 R.11 of CPC filed by Respondent No.1, the returned candidate, who contested the election for the Chhattisgarh State Legislative Assembly held in the year 2013 from constituency No.30 Bilaspur as a candidate of Bharatiya Janta Party.

3. Dr. N. K. Shukla, learned senior counsel appearing on behalf of respondent No. 1 submits that primary ground of challenge in this election petition is that the voters list which was earlier utilized was erroneous, therefore, it resulted to cause defeat of the petitioner. It is contended that such ground cannot be made a subject matter to set aside the election of Respondent No. 1 under the Representation of People Act, 1951 (For short "R.P. Ac