( 1 ) IN this petition, the petitioners have challenged constitutional validity of Sec. 263 of the Gujarat Municipalities Act, 1963, as amended by the Amendment Act of 1993 (Gujarat Act XVII of 1993 ). It is the say of the petitioners that the provisions of Sec. 263 are unconstitutional and ultra vires part III as also Art. 243u of the Constitution of India. A writ of mandamus is also sought for quashing and setting aside a notice dated 27/01/1999 Annexure A to the petition. A prayer is made for a writ of prohibition restraining the respondent authorities from proceeding with the notice Annexure A to the petition.

( 2 ) THE case of the petitioners is that the petitioner No. 1 - Anjar Municipality was constituted under the provisions of the Gujarat Municipalities Act, 1963 (hereinafter referred to as "the Act") and petitioner Nos. 2 to 16 were duly elected councillors of petitioner No. 1-Municipality. All the Councillors are nationals and citizens of India and are entitled to protection of Fundamental Rights guaranteed in Part III of the Constitution. It is alleged in the petition that as the respondent No. 1-Municipality and the majority of the Councillors belong t