( 1 ) THIS is a petition under Art. 226 of the Constitution of India filed by the two Councillors of the Vadodara Municipal Corporation impleading the remaining 58 Councillors as respondents and also the Vadodara Municipal Corporation its Commissioner its Ex-Mayor continuing as Mayor because of the non-election of the new Mayor its Ex-Deputy Mayor the Secretary of the Corporation and the State of Gujarat as other respondents. This petition presents a unique situation in the sense that no reported case presents the peculiar factual aspects which we come across in this case.

( 2 ) IN order to comprehend fully the controversy that had been rigorously raged h efore me certain facts require to he stated. The respondent No. 1 Vadodara Municipal Corporation is a Corporation constituted under the provisions of the Bombay Provincial Municipal Corporations Act 1949 (the Act for short) The term of the Councillors of this Corporation elected in the year 1975 had become over ard so fresh elections were held on 25/01/1981 and 60 accredited representatives of the people the voters of Baroda were declared elected The two petitioners and other respondents were duly notified as having