JUDGMENT - Pendse M.L. J.:- By this petition filed under Article 226 of the Constitution of India, the petitioners are seeking a writ of mandamus for striking down section 48A of the Maharashtra Municipalities Act, 1965 (hereinafter referred to as the “Act”) as being ultra vires of the fundamental rights guaranteed under the Constitution of India and for quashing and setting aside the order dated February 5, 1981 issued by respondent No. 1 under sub-section (1) of section 48A of the said Act.

2. The petitioner No. 1 is the President of Nanded Municipal Council while the petitioners Nos. 2 to 5 are its Councillors. The Municipal Council of Nanded was established under section 8 of the Act. Section 10 onwards of the Act provide for election of Councillors to the Municipal Councils and section 40(1) of the Act lays down a term of five years for the Councillors elected at the general election. The term of Councillors of the Nanded Muni­cipal Council was to expire on December 16, 1979. Section 40 (I) of the Act enables the State Government in exceptional circumstances to extend the term not exceeding in the aggregate six years for reasons which have to be stated in the Notification to b

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