C.K. Buch, J.—I have heard Mr. Yatin N. Oza, learned Sr. Advocate appearing with Mr. Rajesh Savjani for petitioners in both the petitions, Mr. Satyam Chhaya, learned AGP for the respondent-State and Mr. Tushar Mehta, learned Counsel appearing for Respondent No. 3 in both the petitions.

2. Rule. Mr. Satyam Chhaya, learned AGP, Mr. Pinakin Raval and Mr. Tushar Mehta, learned Counsel waive service of Rule on behalf of the respective respondents. By the consent of the parties, both these petitions are finally disposed of.

3. Both these petitions are filed by 4 members of Gandhinagar District Panchayat, holding their posts as Member of District Panchayat, on account of their victory in the polls conducted by the Election Commission. Two different proceedings have been adjudicated simultaneously by the Designated Officer appointed under the Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986 (hereafter referred to as “the said Act”) read with provisions of Gujarat Provisions for Disqualification of Members of Local Authorities for Defection Rules, 1989 and Amendment Rules, 2007 (hereafter referred to as “the Amendment Rules, 2007). The pet