R.V. Ghuge, J.

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties. I have heard Shri V.J. Dixit and Shri R.N. Dhorde, learned Senior Advocates on behalf of the petitioners and respondent No. 2, respectively and also the learned AGP, on 04-02-2015, 11-02-20215, 17-02-2015, 25-02-2015, 03-03-2015 and 04-03-2015.

2. The petitioners seek to challenge the order dated 29-11-2014 passed by respondent No. 1 - District Collector, Latur thereby disqualifying the petitioners on an application filed by respondent No. 2 under Section 3(1)(b) of the Maharashtra Local Authority Members' Disqualification Act, 1986.

3. The litigating parties to this petition, were earlier before this Court since the petitioners had filed Writ Petition No. 1451 of 2014. The request made by the petitioners before respondent No. 1 - District Collector in the disqualification application case No. 2013/NAPA/KAVI-661, for referring certain documents to the hand writing expert, had been rejected. By order dated 21-08-2014, this Court had dismissed the petition by observing in paragraph Nos. 10 and 14 as under:--

"10. In the light of the above, no interference is called for at this stage, with the impugned order. The petition being devoid of merits, is, therefore, dismissed. Nevertheless, as and when the proceedings are finally concluded and in case the result of the same is adverse to the petitioners, they may raise a comprehensive challenge thereafter.

"14. In my view, the documents statutorily maintained by the Government officials referred to hereinabove, clearly indicate that the petitioners have recklessly adopted a stand against the record, only to rescue themselves from the clutches of law."

4. The petitioners submit that a Special Leave petition was preferred by the petitioners before the Apex Court and the same has also been dismissed.

5. The submissions of Shri Dixit, learned Senior Advocate can be summarized as follows:--

(a) The elections to the Ausa Municipal Council, Dist. Latur took place on 31-12-2011. The petitioners and respondent Nos. 2 & 3, who belong to the Nationalist Congress Party (NCP), were elected as councillors.

(b) Respondent No. 2 is said to have been elected as Group Leader of the NCP (Gat Neta) in the Municipal Council, Ausa.

(c) Mr. Shivajirao Garje, State General Secretary of the NCP is said to have issued a directive (whip) with regard to the election of the President of Ausa Municipal Council, which post had fallen vacant in view of the President Sangameshwar Sureshappa These having resigned on 23-04-2013.

(d) The District Collector, Latur declared the election programme on 23-04-2013.

(e) The election for the post of President was scheduled on 07-05-2013.

(f) Shivajirao Garje was not competent to issue the directive that all councillors of the NCP shall vote in favour of respondent No. 2 herein, since he did not have any authority and he was not chosen as the leader of the party at the local level, but State General Secretary.

(g) Reliance is placed upon Section 2(i), (ii) and (iii), and Section2(j) of the Maharashtra Local Authority Members Disqualification Act, 1986 (hereinafter referred to as "Maharashtra Act").

(h) Reliance is also placed upon Rule 2(b) (b-1)(i) and form Nos. I, II, III and IV of the Maharashtra Local Authority Members Disqualification Rules 1987 (hereinafter referred to as "Rules of 1987").

(i) Document at Page No. 91 is purportedly the proceedings in which the Gat Neta was elected.

(j) Page No. 93 is the letter to the District Collector, informing him that respondent No. 2 has been elected as Gat Neta.

(k) Page No. 94 is the newspaper publication carrying the news about the election of respondent No. 2 as the Gat Neta.

(l) Page No. 95 is the communication dated 22-12-2011 by which the District Collector, Latur intimated the Sub-Divisional Officer about the election of Gat Neta.

(m) Page No. 96 is the intimation to all the Councillors of the election of Gat Neta.

(n) All the document