ANANT S. DAVE, J. In this petition under Arts. 226 and 227 of the Constitution of India, the following prayers are made :

"(A) Your Lordships may be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside order dated 26-12-2008 passed by respondent No.

2-authority whereby disqualifying the present petitioners under the provisions of the Act [at Annexure 'AA' hereto]";

(B) Pending admission, hearing and final disposal of the petition, Your Lordships may be pleased to stay further operation, implementation and execution of order dated 26-12-2008 passed by respondent No.2-authority whereby disqualifying the present petitioners under the provisions of the Act (at Annexure 'AA' hereto");

2. Thus, order dated 26-12-2008 is passed by the Designated Authority while exercising powers under Sec. 3 of the Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986 (for short, 'the Act') read with Rule 3 of Gujarat Provision for Disqualification of Members of Local Authorities for Defection Rules, 1987 (for short, 'the Rules').

3. The brief facts giving rise to the petition are as under :

3.1. On 25-10-2005, general election of Sidhpur Nagarpalika was held and there is no dispute about the fact that the petitioners had contested the election on the tickets of Bhartiya Janata Party (for short 'B.J. P.') i. e. original political party, and they were declared elected accordingly. The names of elected candidates under Rule 68 of the Gujarat Municipalities (Election) Rules, 1994 came to be published in the Gazette of Gujarat Government Extraordinary on 29-10-2005.

On 5-11-2005, a meeting of all elected Members of Sidhpur Nagarpalika to elect President and Vice-President for Sidhpur Nagarpalika and mandates were issued to the Members of the B.J.P. by the President of the District B.J.P. Unit and petitioner No.2 came to be elected on 9-11-2005 by margin of 21:15.

Even at that point of time, election of President took place in violation of mandate issued by the President of the District B.J.P. Unit. Therefore, Application No.5 of 2005 came to be filed before the Designated Authority under the Act, but, ultimately, that application was permitted to be withdrawn by the Authority. So, in the first round, upon withdrawal of the application, the proceedings under the Act to declare the petitioner No. 2 disqualified remained undecided.

3.2. Since, the term of petitioner No.2 as President of Sidhpur Nagarpalika came to an end, notice was issued by the Collector to all the members that meeting of Members of Nagarpalika would take place on 5-5-2008 for election of President and Vice-President respectively. On 5-5-2008, a three-line Whip/direction was issued by the B.J.P., i.e. original political party to all the members stating that the election of President of Sidhpur Nagarpalika was scheduled to take place on 5-5-2008 and all the members who have been set up by the B.J.P. should vote as per the mandate issued by the President of the District Unit of B.J. P., Patan, in favour of the candidates so mandated. It is the case of the petitioners that all the members were to receive and sign the mandate but the petitioners had not signed the Whip nor had they given any such consent. On 5-5-2008, the meeting for election of President and Vice-President of Sidhpur Nagarpalika was convened and petitioner No. I came to be elected as President by securing 19 votes and rival candidate one Smt. Sarvamangalaben H. Thaker got only 16 votes. Smt. Sarvamangalaben H. Thaker was set up by the B.J. P. as per the mandate given to its members.

3.3. Since, the candidates set up by the B.J.P. for the post of President was defeated and the petitioners acted contrary to the direction/Whip issued by the President of the District Unit of B.J. P., Patan, show-cause notice dated 6-5-2008 was issued by the party and reply was given by the petitioners on 14-5