Iqbal Ahmed Ansari, J.

1. Aggrieved by the judgment and order, dated 17.08.2010, passed, in WP (C) 123(AP)/2010, dismissing the writ petition, the writ petitioners have preferred this appeal. We have heard Mr. P.K. Tiwari, learned counsel for the writ petitioners-appellants, and Mr. R.H. Nabam, learned Senior Government counsel, appearing for respondent Nos. 1 and 2. We have also heard Mr. B.C. Das, learned counsel, appearing for respondent No. 3.

2. The case of the appellants may, in brief, be set out as under:

(i) In the Panchayat Elections, held in the year 2008, in the State of Arunachal Pradesh, the appellants herein were elected, on Indian National Congress (in short, 'INC') ticket, as Anchal Samiti Members (hereinafter referred to as 'ASM') and Gram Panchayat Members (hereinafter referred to as 'GPM') of various Gram Panchayats falling under 16 Yachuli (ST) Assembly Constituency, their term being for five years, which would expire in the year 2013.

(ii) On 18th September, 2009, the Election Commission issued a Notification announcing Schedule for General Elections to the Legislative Assembly of Arunachal Pradesh. As per Schedule, the last date for submission of nomination was 25th September, 2009, the polling was to be held on 13.10.2009 and the counting was fixed on 22.10.2009.

(iii) On issuance of notification for General Elections, the General Secretary (Election), Arunachal Pradesh Congress Committee (in short, 'APCC'), issued, on the same day, i.e., 18.09.09, a direction to all Panchayat leaders, elected on the INC ticket, to work for the victory of INC nominees in the State Assembly Elections, 2009.

(iv) For 16 Yachuli (ST) Assembly Constituency, three candidates filed nomination papers; one of whom was from All India Trinamool Congress (hereinafter referred to as the 'AITMC') and another was from the INC. In the nomination paper filed by the candidate of AITMC, the appellants acted as 'proposers' within the meaning of Section 33 of the Representation of People Act, 1951.

(v) Immediately after polling, held on 16.10.2009, but before the commencement of counting, an order of expulsion was published, under the authority of the Vice President, APCC, Shri Padi Hinda (respondent 3), in the local daily 'Arunachal Times', expelling the appellants alongwith many other Panchayat leaders of 16 Yachuli (ST) Assembly Constituency, with immediate effect, from the INC party for a period of six years for involvement in 'anti-party activities'.

(vi) On the very day of publication of the order of expulsion, i.e., 16.10.2009, respondent 3 made a complaint, in writing, to the Member-Secretary under Section 6(1) of the Arunachal Pradesh Local Authorities (Prohibition of Defection) Act, 2003 (hereinafter referred to as the 'Prohibition of Defection Act'), requesting the latter to disqualify the present appellants and some others in terms of the provisions of the Prohibition of Defection Act. Alongwith the complaint, a list of 46 (forty six) Panchayat leaders, including the appellants, was enclosed, who, according to the complainant, had attracted disqualification under the Prohibition of Defection Act, because they had acted in violation of party direction/whip to discharge their duties for the victory of INC candidates in 16 Yachuli (ST) Assembly Constituency and indulged in anti-party activities against the official INC candidate.

(vii) On receiving the complaint, dated 16.10.2009, the Deputy Commissioner, District Lower Subansiri, Ziro, who is the competent authority, issued a message, dated 20.11.09, to the Circle Officer, Yachuli, to direct the Panchayat Members concerned to attend hearing on the complaint, in question, relating to anti-defection matter, on 14.12.09. The Circle Officer, Yachuli, issued accordingly a message, dated 30.11.09, to all the Panchayat members concerned and the complainant to attend hearing on 30.11.09.

(viii) In the disqualification case, the appellants herein filed their separate affidavits, dated 15.12.