Judgment

Rajendra Babu, J.-The appellants in this batch of cases were elected as members of the Mahabaleshwar Devanstan Municipal Council in the elections held on 1st December, 1996. There are 17 wards in the coun­cil and 17 councillors were elected. At the time of election the councillors so elected did not associate with any political party or Aghadi or Front. They having contested as independent candidates on 2nd December, 1996 a meeting of these councillors was held and they formed themselves into an Aghadi Front with the name Mahabaleshwar Giristhan Nagar Parishad Shahar Vikas Aghadi. On 17.12.1996 the appel­lants informed respondent No. 3 that they have formed a Front as aforesaid. On 18.12.1996 the names of the appellants were published in the official gazette. On 23.12.1996 elections were proposed to be held to the post of President as per a notification issued on 23.12.1996 to be held on 31.12.1996. An application was filed by respondent No. 1 who is an elected councillor on 26.12.1996 intimating about the forma­tion of the Front by the appellants and requesting the respondent No. 3 to disqualify the appellants on the ground of defection as set forth in Section 3(2) of th