( 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 ta