By order dated January 23, 1975, the district court declared Act 41 unconstitutional.
Subsequently, the legislature enacted a provision retaining the at-large method of electing the school board, 1975 Ala.Acts 4th Spec.Sess. No. 72, which was signed by the Governor on November 14, 1975. Act 72 was submitted to the Attorney General under
section 5, and he interposed an objection. Cognizant of the Attorney General's action, the district court heard testimony on the issue of the board's apportionment at the March 6, 1976, hearing. In the order of March 17, the court stated, “The Court is of the opinion that (Act 72) cannot be enforced and declines to approve the plan.” Record, vol. 1, at 78. In view of the impending March 19 deadline for qualification for candidacy in the school board elections, the court felt compelled to fashion its own apportionment plan. It is this plan the plaintiffs find objectionable.