Foytik

This case presents the question of the constitutional validity of the extraordinary majority requirement of former article XI, section 18, now article XIII, section 40 of the California Constitution (see West-brook v. Mihaly, ante, pp. 765, 772, fn. 1 [ 87 Cal.Rptr. 839 , 471 P.2d 487 ], for an explanation of the renumbering of the constitutional provision here involved and of our reasons for our reference thereto under its former numbering). Section 18 provides, in pertinent part, as follows: “No county, city, town, township, board of education, or school district, shall incur any indebtedness or liability in any manner or for any purpose exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the qualified electors thereof, voting at an election to be held for that purpose, ...”

Petitioners are registered voters of, taxpayers to and parents of children attending public schools in the City of Davis. Each voted in favor of three municipal bond propositions submitted to the voters of that city at an election held in October 1969. All three propositions received a majority of the votes cast but less than the two-thirds…

I concur in the conclusion that the two-thirds majority requirement violates the equal protection clause of the Fourteenth Amendment to the United States Constitution, but I dissent from the denial of relief to these petitioners, for the reasons discussed in my concurring and dissenting opinion in Westbrook v. Mihaly, ante, page 765 [ 87 Cal.Rptr. 839 , 471 P.2d 487 ].

I would issue the peremptory writ of mandate. Mr. Justice Peters has authorized me to say he would also issue the writ.