JUDGMENT :

1. Heard.

2. Rule. The Rule is made returnable forthwith. Mr. D.R. Kale, learned Government Pleader and Mr. V.D. Hon, learned Senior Advocate waive service for respondent Nos.1 and 2 respectively. With the consent of both the sides, the matter is heard finally at the stage of admission.

3. By this petition under Article 227 of the Constitution of India, the petitioner is impugning the order dated 27.02.2020, passed under Section 13 (3) of the Maharashtra Municipal Corporations Act, 1949 (hereinafter referred to as “the Act”), whereby he has been removed from the post of a councillor, on a recommendation made by respondent No.2 Corporation for alleged misconduct as contemplated under Section 13 (1)(a) of the Act.

4. At the outset, it is necessary to mention that since the matter is being heard finally at the stage of admission, the learned Advocates of both the sides have made comprehensive arguments touching all the aspects, factual as well as legal. However, since a preliminary objection was raised on behalf of the respondents regarding maintainability of the petition in view of the remedy of reference available under Section 13(4) read with Section 405 of the Act and since