Akshay H. Mehta, J.—This Court issued Rule on the petition on 24.08.2007. Mr. Sunit Shah, Ld. GP waived service of rule for Respondents No. 1 and 2 and Mr. A. R. Thakkar, learned Advocate waived service of rule for Respondents No. 3 to 6. At the request of the learned advocates for the parties and looking to the urgency, the petition was taken up for final hearing on 24.08.207 itself. The hearing got concluded on 29.08.2007. Thereafter, the petition has been adjourned to 03.09.2007 for pronouncement of the judgment. Now it is being disposed of by this CAV judgment.

2. The petitioners herein seek to challenge the proceedings initiated against them under the provisions of The Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986 [hereinafter referred to as ‘the Act’] and The Gujarat Provision for Disqualification of Members of Local Authorities for Defection Rules, 1987 [hereinafter referred to as ‘the Rules’] as also The Gujarat Provision for Disqualification of Members of Local Authorities for Defection (Amendment) Rules, 2007 [hereinafter referred to as ‘the Amendment Rules’]. The proceedings have been initiated against the petitione