HASMUKH M. GHELOT Vs. DIVISIONAL COMMISSIONER, KONKAN DIVISION

JUDGEMENT

(1.) The challenge in these petitions is to an order dated 29.10.2021 passed by the Divisional Commissioner, Konkan Division whereby the applications as filed by the petitioner under the Maharashtra Local Authority Members ' Disqualification Act, 1986 (for short "the Act ") praying for disqualification of respondent No.2 in these petitions, for having dishonored "the whip " issued by the petitioner who is the Gat Neta of the Bharatiya Janata Party (BJP), in the elections to the post of Mayor and Deputy Mayor of the Mira-Bhayandar Municipal Corporation, have been dismissed.

(2.) Mrs. V.S. Nimbalkar, learned AGP for the respondent - State, at the outset, raised an objection to the maintainability of these petitions, as also supported by learned counsel for respondent No.2, on the ground that an alternate remedy of an appeal is available to the petitioner under Section 7(3) of the Act, which provides thus:

(3.) Learned counsel for the petitioner referring to the specific averments as made in the memo of these petitions would contend that although an alternate remedy of an appeal is available to the petitioner, however, the same is not an efficacious remedy for several reasons. For illustration, the averments in this regard as made in Writ Petition No. 8158 of 2021 needs to be reproduced, which reads thus :