1. By this Petition, the petitioner challenges the order of disqualification rendered by the learned Collector, Nanded, under section 3(1)(a) of the Maharashtra Local Authority Members Disqualification Act, 1986 (For short "MLAMD Act").

2. The petitioner contested the general elections for Zilla Parishad Nanded trom Barbada constituency. He was elected as a Councilor of Zilla Parishad, Nanded. There is no dispute about the fact that he was member of Bharatiya lanata Party (B.l.P.) prior to his such election and was elected as a candidate fielded by the B.J.P. for the Zilla Parishad elections. Later on, elections for the Legislative Assembly were declared. Allegedly, the District President of the B.J.P. on 25.9.2009 issued a whip to the effect that all the elected members of the B.J.P. shall support the recognized candidate who was fielded from 89th Naigaon M.L.A. Constituency. Admittedly, the petitioner filed his candidature vide nomination form dated 25.9.2009 as a candidate for 89th Naigaon M.L.A. Constituency on ticket of "lansurajya Shakti Party" a recognized political party. Though there is dispute about due service of the whip and the legal authority of the person w