( 1 ) IN this PIL petition under Article 226 of the Constitution, four Councillors of Surat, Vadodara, Rajkot and Bhavnagar Municipal Corporations have prayed for a writ of mandamus or any other appropriate writ to direct the Gujarat State Election Commissioner, the Municipal Corporations of the cities of Surat, Vadodara, Rajkot and Bhavnagar and the State of Gujarat to take all steps necessary for the purpose of holding elections for constituting the Municipal Corporations for the respective cities before the expiry of duration of the term of the present elected bodies of those Corporations constituted pursuant to the elections held in October, 2000.

( 2 ) IT is the case of the petitioners in this petition filed on 16th September 2005 that since the Municipal Corporations for the cities of Surat, Vadodara, Rajkot and Bhavnagar were constituted in October 2000 and the term of the elected bodies is due to expire on 16th, 16th, 15th and 20th October 2005 respectively, under the mandate of Clause (3) of Article 243u of the Constitution, the Election Commission is required to hold elections before the aforesaid dates; that the Constitution does not contemplate any hiatus