R.M. BORDE, J.

1. The learned Single Judge, while dealing with the writ petition, by an order dated 23.01.2012, was pleased to formulate following two issues for consideration of the larger Bench:-

(I) Whether the term aghadi or front as defined U/Sec. 2(a) of the Disqualification Act of 1986 would mean the party or aghadi on whose candidature the councillor is elected or would also include the aghadi of two or more municipal parties coming into existence after the elections are held?

(II) Whether the term original political party or aghadi appearing in Sec. 5 would mean the party at its National level or would mean a municipal party?

2. We have heard arguments advanced by Shri P.M.Shah, learned Senior Counsel i/by Mr.S.P.Shah, advocate for petitioners, Shri Mukul Kulkarni, learned advocate for Respondent No.1, Shri Umakant P. Giri, learned advocate for Respondent No.2 and Mr.A.B.Girase, learned Government Pleader for Respondent No.3.

3. The facts in nutshell, giving rise to the reference, are as under:-

Petitioners are the elected councillors of Municipal Council, Navapur. General elections to the Municipal Council took place to elect total 19 councillors and candidature of petitioners was set up by Nationalist Congress Party (NCP). The post election aghadi came to be formed consisting of 09 councillors belonging to Nationalist Congress Party (NCP), 02 councillors set up by Bhartiya Janata Party (BJP) and 01 councillor set up by Shivsena, on 1st December, 2007. Respondent No.1 – Govindrao Ramu Vasave was chosen as a leader of the aghadi. An application came to be presented to the Collector for registration of aghadi on 02.12.2007. Respondent No.1 informed the Collector that he is elected as leader of NCP municipal party as also of aghadi. Respondent No.1 came to be elected as President of the Municipal Council for the term of two and half year on 24.12.2007 with the support of councillors of aghadi.

4. On 18.06.2010, an application came to be presented by petitioners along with Shri Nilesh Prajapat and Smt. Lalita Gavit to the Collector seeking approval to a separate group. A whip was issued by Respondent No.1 on 18.06.2010 and also by the President of the Nandurbar District Nationalist Congress Party on 21.06.2010, calling upon members of the aghadi and members set up by NCP to cast vote in favour of Respondent No.1 during the election to the post of President which was scheduled to be held on 23.06.2010. Petitioners violated the whip and a candidate viz. Mr.Damu Vana Birhade, belonging to Indian National Congress (Congress I), was elected as the President and petitioner no.1 came to be elected as Vice President. Petitioners were sought to be disqualified in view of provisions of Section 3(1)(a) and 3(1)(b) of the Maharashtra Local Authority Members' Disqualification Act, 1986 (hereinafter referred to as the “Disqualification Act”). The Collector allowed the disqualification petition and held petitioners disqualified under Section 3(1)(a) and 3(1)(b) of the Disqualification Act. The said judgment is assailed in the writ petition.

5. During the course of hearing, it has been urged by petitioners that there is no concept of post-poll aghadi after elections, under the Disqualification Act. Section 2(a) defines “aghadi” or “front” to mean a group of persons who have formed themselves into a party for the purpose of setting up candidates for election to a local authority.

6. It has been contended that there is no scope in law to recognize any post-poll aghadi on consideration of definition of “aghadi” along with definition of “municipal party”, “original political party” and explanation to Section 3(1) of the Disqualification Act. It has been contended that the three parties coming together after election can, at the most, be said to have formed coalition and same does not have legal existence and as such, there is no lead