PONNAM VEERARAGHAVAIAH Vs. DONEPUDI BRAHMESWARA RAO

JUDGEMENT

(1.) This appeal is from the judgment of our learned brother C. Kondaiah, J., given in W.P. No. 3886 of 1970 on 9-12-1970 whereby the learned Judge allowed the writ petition and quashed the order of the Election Tribunal , Vijayawada made in O.P. No. 131 of 1969.

(2.) The facts in outline are that a seat to the Municipal Council of Vijayawada fell vacant in Ward No. 33. A notification calling upon the Constituency to return the candidate was published on 25-3-1969. The last date for filing the nomination was fixed as 4-4-1969. The appellant and the 1st respondent filed their nomination papers on 4-4-1969.

(3.) On 3-4-1969 the scrutiny of nomination papers took place . The 1st respondent raised an objection to the nomination paper filed by the appellant. His contention was that he was in arrears of profession tax due from a firm of which he happened to be a partner.