( 1 ) THE State of Maharashtra assails an interim order passed by the bombay High Court directing holding of election to the Municipality. The state Government having taken action for constituting a corporation in place of the Municipality, that action is the subject-matter of challenge before the high Court. During the pendency of the writ petition, the High Court, by interim order, has directed to hold the municipal election which was originally scheduled for 15-12-2001, but pursuant to an interim order of this court the date has now been scheduled to 13-1-2002.

( 2 ) MR Lalit, learned counsel appearing for the State of Maharashtra, contends that once a Municipal Council is constituted, then its duration should be five years in accordance with the constitutional provisions contained in Article 243-U and, therefore, in the event the writ application is dismissed and the State Government constitutes a Corporation, the Municipal council will continue to function. This apprehension, in our considered opinion, is misconceived, inasmuch as under Section 341 of the Maharashtra municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 when the whole of the local area compri