JUDGMENT :

N.V. Anjaria, J.

What constitutes a ‘mandate’ for the purpose of provisions of the Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act 1986, ('the Act', for the sake of brevity), and what is the scope of working of Rule 10 of Gujarat Provisions for Disqualification of Members of Local Authorities for Defection Rules, 1987, ('the Rules', for short), are the twin questions coming up for consideration in these two cognate Letters Patent Appeals, which are being decided by this common judgment as the facts involved are similar and the issues identical.

1.1 Letters Patent Appeal No.811 of 2011 arises from the judgment and order dated 22.04.2011 in Special Civil Application No.4188 of 2011; while Letters Patent Appeal No.812 of 2011 is from the judgment and order of even date in Special Civil Application No.4234 of 2011 of learned Single Judge. In the original writ petitions, the challenge was directed against the orders dated 24.03.2011 passed by the Designated Authority disqualifying the petitioners, who were the elected members of Zalod Taluka Panchayat and Fatepura Taluka Panchayat of Dahod District respectively, under Section 3(1)(b) read