( 1 ) IN this group of petitions, vires of Sec. 7a and Sec. 6 (3) of the Bombay Provincial Municipal Corporations Act, 1949 (the Act for short) as applicable to the State of Gujarat have been brought in challenge. Alongwith the said challenge are raised alternative contentions centering round applicability of the said provisions to the four municipal Corporations functioning under the Act. At the admission stage of these petitions, by consent of parties, petitions were treated as admitted and were heard finally.

( 2 ) IN order to appreciate the contours of controversy centering round these questions, it is necessary to glance through a few background facts.

( 3 ) BACKGROUND Facts : Four municial corporations concerned in these petitions are : (1) Ahmedabad Municipal Corporation, (2) Surat Municipal corporation, (3) Baroda Municipal Corporation, and (4) Rajkot Municipal corporation. They were reconstituted in the year 1987 under the provisions of the Act. As per Sec. 6 (1) of the Act, terms of office of elected councillors expire at the end of five years if not extended for further period upto one year by the State of Gujarat in exercise of its powers under Sec. 6 (1) su