1. Rule. Rule made returnable forthwith. The petition is heard finally at the stage of admission, with the consent of the learned counsel for the parties.

2. By this petition, the petitioners impugn the order passed by the Collector, Nagpur, on 10th of February, 2009, disqualifying the petitioners as councillors of the Municipal Council, Mohpa, under the provisions of Section 3(1)(b) of the Maharashtra Local Authority Members Disqualification Act, 1986.

3. Few facts giving rise to the petition are stated thus-

The petitioners were elected as councillors of Municipal Council, Mohpa, as candidates from the Rashtrawadi Congress Party. After the elections, the respondent no.1 was designated as a Group Leader of Rashtrawadi Congress + Congress + B.J.P. (B) Aghadi. The petitioner no.2 was elected as a President of Municipal Council, Mohpa and had tendered her resignation in the WP 795/09 3 Judgment Dt/03/07/2009 month of July, 2005. After her resignation was accepted, the respondent no.2-Collector, Nagpur, convened a special meeting for the election of the President of the Municipal Council, Mohpa. The respondent no.1 filed a petition under Section 3 of the Act of 1986, read