1] By this petition under Articles 226 and 227 of the Constitution of India, the petitioners challenge an order dated 2nd June 2011 of the Collector, Pune by which it has been declared that each of the petitioner stands disqualified as Member of Panchayat Samiti, Indapur under section 3(1)(b) of the Maharashtra Local Authority (Members Disqualification) Act, 1986 (the Act for short) and the Maharashtra Local Authority (Members Disqualification) Rules, 1987 (for short Rules).

2] Respondent No.1 to this petition is also a Councillor of the Panchayat Samati. The Panchayat Samiti is constituted under the provisions of the Maharashtra Zilla Parishad and Panchayat Samiti's Act, 1961. It is the case of the petitioners that they are elected as Councilors of respondent No.2 on 23rd February 2007. Respondent No.1 claims that meeting of the party took place on 12th March 2007 at which he was elected as party leader and was authorised to prepare and issue whip. It is the case of first respondent that the party was formed on 12th March 2007. The election to the office of Chairman and Vice Chairman to respondent No.2 Panchayat was declared on 19th November 2009. The election was to be