( 1 ) THIS is a writ petition filed by three persons praying for an appropriate writ to direct the first respondent who is the President of the Baroda Borough Municipality to desist from preventing the petitioners from acting as councillors of the Baroda Municipality.

( 2 ) THE facts relevant for the purpose of deciding this petition are as under :the three petitioners are councillors of Baroda Borough Municipality. On 9-3-61 they sent a letter of resignation from the Sanitary Committee addressed to the President as a protest against the manner of implementation of the scheme of compulsory vaccination for small-pox. This letter was treated by the President as a letter of resignation as councillors and not as a letter of resignation from the Sanitary Committee of which the three petitioners happened to be members. On 10-3-61 the President wrote a letter to the three petitioners acknowledging receipt of their letter dated 9-3-61 and entertaining certain hopes although they were going out of the Municipality. The three petitioners sent individual letters on 11-3-61 asserting that they had not resigned from the Municipality but they had resigned only from the Sanitary Com