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 by one Shri Balubhai, Chairman, Election Coordination Committee of the Gujarat Pradesh Congress Committee i.e. for and on behalf of the party – Indian National Congress, under whose symbol respective petitioners were elected. Under the whip, all the Members, who were elected on the symbol of the Congress party, were informed to vote in favour of passing of the budget. The meeting was in fact convened on 21/03/2015, as scheduled. However, after discussion on some of the items of the agenda, meeting came to be adjourned to 23/03/2016. On 23/03/2016, when the agenda item of passing of the budget was discussed and put to vote, both the petitioners voted against the whip and against passing of the budget. Thereafter, respondent no.2 herein approached the designated Officer under the provisions of the Act, 1986 and requested to disqualify both of them as Members of the Panchayat. After giving fullest opportunity and thereafter having found that both the petitioners committed the breach of the whip issued and voted against the whip, and therefore, they have rendered themselves liable for disqualification as Members under the provisions of the Act, 1986, thereby by the impugned order dated 20/08/2016 the designated Officer has declared both the petitioners as disqualified as Members of the District Panchayat, Ahmedabad in exercise of powers under Section (3) read with Rule 6 of Rules, 1987.

Feeling aggrieved and dissatisfied with the impugned order passed by the designated Officer under the provisions of the Act, 1986, petitioners have preferred the present Special Civil Application under Article 226 of the Constitution of India.

[3.0] The petitioners being declared disqualified as Members of the District Panchayat, Ahmedabad and the seats having fallen vacant, the Election Commission issued notification dated 07/11/2016 declaring the programme of byelection in respect of the constituency from where the petitioners were elected, and therefore, by way of amendment, the petitioners have prayed by way of interim relief to stay the notification dated 07/11/2015, during pendency and final disposal of the present petition.

[4.0] Shri Anshin Desai, learned Senior Advocate has appeared on behalf of the petitioners, Shri Kamal Trivedi, learned Advocate General has appeared on behalf of respondent no.1, designated Officer, State of Gujarat, Shri K.P. Champaneri, learned Advocate has appeared on behalf of respondent no.2 and Shri Mihir Joshi, learned Senior Advocate has appeared on behalf of respondents nos.4 and 5, who are supporting the impugned order passed by the designated Officer disqualifying the petitioners as Members of the District Panchayat, Ahmedabad.

[4.1] Shri Anshin Desai, learned Senior Advocate appearing on behalf of the petitioners has assailed the impugn