( 1 ) RULE. Rule is made returnable forthwith and is called for final disposal by consent,

( 2 ) HEARD.

( 3 ) THE petitioners have moved for a Writ of Quo Warranto seeking a declaration that the respondent No. 4 ceases to be a Councilor and consequently as a Mayor too, in view of the Order passed by the Commissioner, municipal Corporation, Akola, dated 15th january, 2007, declaring that having involved in the Act of illegal construction, the respondent No. 4 stands disqualified under section 10[1-D] of the Bombay Provincial municipal Corporations Act, 1949.

( 4 ) LEARNED Advocate for the petitioners placed reliance on the following judgments, namely:-

[a] (Bhaskar Timappa Shetty Vs. Caste Scrutiny committee and others), 2007 (2) Bom. C. R. 777 : 2007 (2) All. M. R. 602. [b] (Dattatraya s/o Ramrao Thorat Vs. The State of maharashtra and others), 2003 (Supp.) Bom. C. R. (A. B.) 110 : 2002 (4) All. M. R. 807, and [c] (Edwin Francis Britto Vs. Municipal Corporation of Greater Mumbai and others), 2006 (6) Bom. C. R. (O. S.) 92 : 2006 [5] All. M. R. 640. According to learned Advocate Mr. Darda, the declaration under section 11 operates automatically and reference under sect