Judgment

RAGHUBAR DAYAL, J. : This is an appeal by special leave against the judgment of the High Court of Mysore of Bangalore confirming the appellant s conviction for an offence under S. 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947), by the Special Judge, Dharwar.

2. The appellant is alleged to have committed the offence while he was a Municipal Councillor and Chairman of the Managing Committee of the Navalgund Municipality. The only question for determination in this appeal is whether the appellant was a public servant contemplated by S. 2 of the Prevention of Corruption Act. The contention for the appellant is that he was not such a public servant .

3. Section 2 of the Prevention of Corruption Act reads:

"For the purposes of this Act, public servant means a public servant as defined in S. 21 of the Indian Penal Code .

Section 21 of the Indian Penal Code defines the persons coming within the expression public servant and its Tenth Clause reads:

"Every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or distr