The petitioners were elected as Councillors of Jaggaiahpet Municipality, in the election held in September 2005. All of them have won the election, on the ticket issued by the Indian National Congress. They are said to have submitted resignation to the printer membership of the political party, in March. 2009.

2. The Chairperson of the Municipality was elected as Member of Legislative Assembly (MLA) from Jaggaiahpet Constituency. Thereby, the office of Chairperson became vacant.

3. The 1st respondent issued election notification on 22/09/2008 (sic. 2009), to fill up the office of Chairperson, and the election was scheduled to take place on 30/09/2009. One Sriram Subba Rao was elected as Chairperson.

4. The presiding Officer of the Election, the 2nd respondent herein, issued notice dated 09/10/2009 to the petitioners, directing them to show cause, as to why it be not declared, that they ceased to be the Councillors, on account of their violating the whip. The petitioners challenge the show cause notice.

5. The petitioners contend that the whip was not served upon them, and that the 2nd respondent has no jurisdiction to issue that notice. It is also their case that the noti