( 1 ) IN the present appeal, the appellants original petitioners have challenged a judgement and order dated 20. 3. 2009 passed by the Learned Single Judge in Special Civil Application No. 2069/2009.

( 2 ) THE appellants are members of Morbi Nagarpalika elected on symbol of Bharatiya Janta Party (BJP for short ). The post of president of Morbi Nagarpalika felt vacant on account of resignation of the incumbent on 14. 6. 2007. A meeting was therefore, convened to elect a new president on 2. 7. 2007 under the chairmanship of Deputy Collector, Morbi.

2. 1 Respondent No. 2 herein alleging defiance of whip by the appellants filed Petition No. 14/2007 before the Designated Officer seeking their disqualification as members of the Morbi Nagarpalika. In the said application it is stated inter-alia that the appellants are the members of the Nagarpalika elected on the symbol of BJP. A meeting of office bearers of the party was held on 30. 6. 2007 and decision was taken that the party should nominate its candidate for the post of president and all members should vote for such a candidate. The Councilor Narsibhai Vastabhai Dabhi was elected for such nomination and a whip to this