1. By way of this petition under Article 227 of the Constitution of India the petitioners, who are facing the proceedings under the provisions of the Gujarat Provision For Disqualification Act, 1996 (hereinafter referred to as “the Act”) which is pending before the competent authority being Appeal No. 44/2009, have prayed for an appropriate writ, order or direction quashing and setting aside the impugned order dated 05/08/2010 rejecting the application submitted by the petitioners raising preliminary objection in Appeal No. 44/2009. 2. The petitioners are the elected members of the Vapi Municipality who have been elected as the official candidates of Bhartiya Janta Party. Respondent no. 2 had initiated the proceedings, being Appeal No. 44/2009, before respondent no. 1 designated officer interalia praying for disqualifying the petitioners for the alleged breach of mandate issued to the petitioners for casting their votes in favour of one Shri Paresh Desai for election of President of the Vapi Municipality. In the said application/proceedings, the petitioners submitted an application raising preliminary objections to dismiss Appeal No. 44/2009 contenting interalia that as th