The issue now hinges on whether the signatures on documents purporting to admit the impugned legislators into the Congress are genuine.

Reacting to Padwal's move, Maharashtra Pradesh Congress Committee (MPCC) General Secretary Gurunath Kulkarni today alleged that one of the documents submitted by Padwal was forged.``I am of the firm belief that the document submitted by Padwal is forged and false. With advanced technology, such documents can be easily fabricated. In my capacity as the MPCC general secretary, I have never issued such a letter to any of the Independent legislators,'' Kulkarni told The Indian Express.

Kulkarni's statement creates a piquant situation. It all depends on how the seven legislators respond tothe notices issued by the Speaker on Padwal's complaint. If the legislators in question substantiate Kulkarni's statement made to this paper, the Speaker might have no option but to order a police inquiry, or to initiate his own probe to discover whether the submitted documents are forged as alleged.

Kulkarni, while talking to this paper, also hinted on the possibility of criminal action. He said that senior Congress leaders Ramrao Adik, Sharad Dighe, Marzaban Patrawala, Madhukarrao Pichad and Padamsinh Patil were siezed of the matter and had, in fact, met today to discuss the controversy thrown up by the alleged forgery charge.

``Since it is our belief that the document is false and forged, we will initiate legal action in the matter,'' Kulkarni added.

But experts opine that the ball is really in the court of the Speaker. If the forgery allegation is made to the Speaker in the reply to the summonses issued by him, criminal proceedings, if any, would flow from the Speaker's order.

In his petitionsPadwal had submitted that as the seven Independent legislators had joined the Congress, they be disqualified under the Member of the Maharashtra Legislative Assembly (Disqualification on the ground of defection) Rules.

Following this, Assembly Speaker Dattaji Nalawade had on Thursday issued summons to the seven independent legislators -- Rajendra Shingane, Rajvardhan Kadambande, Mohan Gudadhe, Ajit Ghorpade, K C Padvi, Madan Pisal and Deorao Radke -- who allegedly joined the Congress.

Padwal also wanted the Speaker to restrain the impugned legislators from attending the winter session of the State Legislature commencing from December 14 at Nagpur.

Padwal has based his petitions on the membership forms submitted by these legislators in question to the MPCC and the letter issued to them by Gurunath Kulkarni. Both these documents have been certified to be true by Padwal.

The grey area in the whole issue lies in the fact that as far as the membership forms are concerned, it bears the signatures of all theseven independent legislators, but the acknowledgement with each form, to be signed by the MPCC President or the Secretary is blank.

The second document, however, does bear the signature of Gurunath Kulkarni. The letter of June 11, 1998 under the purported signature of Kulkarni, states: ``As per directives of MPCC president Ranjeet Deshmukh, you have been admitted into the Congress party and that you should work hard for strengthening the party. As a Congress member, you should sit with the other party legislators in the House and take all possible steps to implement the policies of the party''.

The copies of these letters have been sent to the president of the Congress Committee from which district the legislator has been elected and also to the whip of the Congress Legislature Party.

Based on this letter, Padwal reasoned that all the seven Independent legislators are now members of the Congress party and hence are liable for action under the Anti-Defection law.

``The independent legislators haveconsciously and voluntarily joined the Maharashtra Pradesh Congress Committee and therefore, subject to disqualification under the constitutional provisions, which are very clear. They state that if an independent member joins a political party, then he stands disqualified,'' Padwal argues.

And, should the signatures on the impugned document turn out to be genuine signature of Kulkarni, doubtless Padwal would not hesitate to deploy the legal stick to beat the Congress with.