By the Court.—We have heard Sri H.R. Mishra, learned senior counsel assisted by Sri Rahul Verma for the petitioners, Sri Satish Chaturvedi, Additional Advocate General appearing for the respondents No. 1 to 3 and Sri U.N. Sharma, learned senior counsel assisted by Sri Chandan Sharma and Umesh Dwivedi, learned counsel appearing on behalf of the respondent No. 4, Sri T.P. Singh learned senior counsel assisted by Sri R.K.S. Nishith and Sri Prakash Chandra Srivastava, learned counsel appearing on behalf of the Nagar Nigam, Saharanpur.

2. By means of this writ petition the petitioners have prayed to quash the notifications dated 1.10.2009, Annexure-1 to the writ petition whereby respondent No. 1, State Government has declared and constituted larger Municipality (Nagar Nigam) in place of Municipal Council, Saharanpur. It is also prayed that the respondents be also directed not to interfere in the functioning of the petitioners till completion of the constitutional and statutory term of five years from the date of the last election of petitioner No. 1.

3. The facts of the matter lie in a very short compass. Prior to the impugned notification the urban area of Saharanpur was being