DONEPUDI BRAHMESWARA RAN Vs. PONNAM VEERA RAGHAVAIAH

JUDGEMENT

(1.) This application by the petitioner, under Article 226 of the Constitution of India, is to quash the order of the Election Tribunal, the 3rd respondent herein, in O.P No. 131 of 1969 dt. 31-7-1970 on the ground that the 1st respondent was barred on the application of the principle of res-judicata from filing the O.P. as the matter was already decided against him in W.P.No.1253 of 1969.

(2.) In order to appreciate the scope of this Writ Petition, it is necessary to refer to the material facts. Pursuant to the notification issued by the Vijayawada Municipality on 25-3-59 setting out the election programme relating to the election of the members of the Municipal Council, the petitioner and the 1st respondent had filed their nominations for the 33rd ward on 4-4-1959, the last date for the receipt of the nominations. 5-4-1969 was the day when scrutiny of the nominations had to take place. 14-4-1969 was the day for publication of valid nominations and 28-4-1969 was fixed for the election of the contested seats.

(3.) On the objection raised by the petitioner that the nomination of the 1st respondent was liable to be rejected as he was in arrears of profession tax payable by Mac. Man Private Limited and Vijaya Light Metal Industries of which he is a partner, the Election Officer, on enquiry, held that he was in arrears of profession tax payable by him and hence rejected his nomination. In support of his conclusion he relied upon the statements of the Bill Collectors and the Revenue Officer that profession tax payable by Vijaya Light Metal Industries was not paid though the 1st respondent asserted that it was paid on 31-3-1969 itself. The 1st respondent preferred an appeal to the District Collector under Rule 11 (2) of the A. P.Municipal Councils (Conduct of Elections) Rules, 1955. The Dist. Collector dismissed the appeal. Thereupon he rushed to this Court and filed W. P.No. 1255 of 1969 to quash the order of the Election Officer, Vijayawada Municipality dated 5-4-1969 rejecting his nomination and affirmed in appeal by the District Collector, Krishna on 9-4-1969 on several grounds stated therein. Ground No. 1 relates to the alleged payment of Rs.50/- towards profession tax payable for the year 1968-69. Ground No. 2 relates to the question whether there were any arrears due upto and inclusive of the previous year. It was alleged that no profession tax was due and payable by him for the year ending 31-3-1969 and the Election Officer never applied his mind to the question whether there was any due service of notice as required by the rules and that the order was mala, fide and illegal. A Division Bench of this Court ,before whom this writ petition came up for admission on 11-4-1969, held that the Election Officer and the Collector could come to the conclusion to which they had reached, on the statements and the material placed before them and there was no error of jurisdiction or of law or violation of principles of natural justice justifying interference of this Court under Article 226 of the Constitution of India. The " allegation relating to male fides was rejected. The learned judges have been satisfied with the facts and the statements made by the Bill Collectors that the petitioner therein was in arrears of Rs. 50/- towards profession tax for the year 1958-69 and his nomination was rightly rejected. The judgment of the High Court in the Writ petition is undoubtedly a speaking order though it was passed at the stage of admission.