JUDGMENT :

Mangesh S. Patil, J.

1. Heard. Rule. The Rule is made returnable forthwith. Learned A.G.P. waives service for respondent Nos. 1 to 3, learned advocate Mr. Shelke waives service for respondent No. 4, learned advocate Mr. Bedre waives service for respondent No. 5 and learned advocate Mr. Kadethankar waives service for the respondents No. 6. With the consent of both the sides the matter is heard finally at the stage of admission.

2. The question that arises for determination in this Petition is as to if a Councillor elected under the provisions of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter the 'Municipal Act') who along with other elected Councillors of recognized parties or registered parties or groups, forms an Aghadi or Front post election incurs disqualification under the provisions of the Maharashtra Local Authority Members' Disqualification Act, 1986 (hereinafter the 'Disqualification Act').

3. The facts are as necessary and give rise to the issue can be summarized as under:

(a) The petitioner was elected as a Councillor of the respondent No. 5-Municipal Council for a term 2016 to 2021. He was set up by a political