M.R. SHAH, J.

[1.0] By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for an appropriate writ, order or direction to quash and set aside the impugned order dated 20/08/2016 passed by the designated Officer, State of Gujarat below application, being Dispute Application No.17/2016, disqualifying the petitioners as Members of the District Panchayat, Ahmedabad in exercise of the powers conferred under the provisions of the Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986 and Rules, 1987 (hereinafter referred to as “the Act, 1986” and “the Rules, 1987”).

[2.0] The facts leading to the present petition in nutshell are as under;

[2.1] Both the petitioners are the elected Members of the Ahmedabad District Panchayat as local authority. Both of them were elected under the symbol of Indian National Congress. An Extraordinary General Meeting of the District Panchayat was convened on 21/03/2016 for which the agenda was issued on 14/03/2016 wherein the agenda items inter alia included the passing of the amended budget for the year 2015- 16 and the budget for the year 2016-17. A whip was issued