Sunil P. Deshmukh, J.

1. Rule. Rule made returnable forthwith and heard finally with consent of learned advocates for the parties.

2. The matter was heard and Mr. Girase learned counsel appearing for respondents no. 1, 3, 6 to 8 and 10 submitted that he would furnish written notes of arguments along with authorities and a brief synopsis with index. The matter was initially reserved for judgment on 26-02-2014. On 04-04-2014, Mr. Girase sought time for aforesaid purpose. On 23-04-2014, parties were heard again for quite some time in the matter. Then as well, Mr. Girase sought time for the purpose referred to hereinbefore. The matter as such was reserved for judgment. Subsequently, Mr. Girase submitted written notes of arguments on 28-04-2014.

3. Petitioner questions propriety, legality and validity of order dated 30th April, 2012 passed in Disqualification Petition No. 26 of 2011 by the District Collector, Jalgaon and prays to quash and set aside said order under a writ of certiorari or any other appropriate writ, order or direction and consequently to allow said disqualification petition with a declaration that respondents No. 1 to 10 stand disqualified under section 3 (2) of Maharashtra Local Authorities Members Disqualification Act, 1986 (herein after for the sake of brevity will be referred to as MLAMD Act).

4. Results of elections to Municipal Council, Yawal were declared on 12-12-2011. Respondents No. 1 to 10 were elected as members to said Municipal Council, as independent candidates in status. Membership strength of various parties and candidates in said elections of Municipal Council, Yawal, was as follows:

(i) Khandesh Vikas Aghadi – 04 Councillors

(ii) Nationalist Congress Party – 02 Councillors

(iii) Congress (I) – 02 Councillors

(iv) Independents – 11 Councillors

5. Upon declaration of election results on 12-12-2011, on the very day, ten out of eleven independent councilors convened a meeting for formation of Aghadi referred to as Yawal Shahar Vikas Aghadi (hereinafter will be referred to as the Aghadi for brevity). It was resolved in said meeting to get the Aghadi registered. Respondent No.1 was chosen as leader of the Aghadi. It was also resolved to frame rules to regulate functioning of the Aghadi and respondent No.1 was authorized for registration of the Aghadi. Constitution of the Aghadi, signed by all the ten independent councillors was presented to the District Collector, Jalgaon. A letter was addressed to the collector by respondent No. 1 for registration of the Aghadi and the other independent councillors forming the Aghadi addressed letters to the collector requesting registration of their names as members of said Aghadi. A separate declaration was given by every independent councillor of the Aghadi in prescribed form No. 3 on 13-12-2011 referring to their affiliation to Yawal Shahar Vikas Aghadi. The declaration had been submitted by respondent No.1 as leader of the Aghadi in form No. 1 referring to names of said ten independent councillors.

6. The petitioner had filed disqualification petition on 22-12-2011 against respondents No.1 to 10 with reference to section 3 (2) of the MLAMD Act, contending it prohibits joining any political party or Aghadi subsequent to elections by such councillors.

7. The collector had issued notices to the respondents on 26-12-2011. The respondents appeared and had filed preliminary objections requesting dismissal of the disqualification petition pursuant to Rule 7 (2) of the Maharashtra Local Authority Members Disqualification Rules, 1987 (hereinafter, the Rules)

8. In the disqualification petition it has been referred to that the petitioner had contested election of Municipal Council, Yawal and had been declared elected on 12-12-2011 as a councillor in Yawal Municipal Council of Khandesh Vikas Aghadi. It is contended that respondents No.1 to 10 got elected as councillors in said Municipal Council as independent candidates and were never set up by any aghadi or fr