A.K.GOHIL, S.A.NAQVI
Pooran Singh Pallaiya – Appellant
Versus
Lok Ayukta, M. P. – Respondent
GOHIL, J. :- This appeal under Section2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Peeth Ko Appeal) Adhiniyam, 2005 is directed against the judgment/order dated 14-11-2006 passed by Writ Court in Writ Petition No. 5649/2005.
2. The moot question for consideration in this appeal before us is whether in Ex-Mayor of Gwalior Municipal Corporation and Ex-Councillors of the Municipal Corporation come within the purview of the definition of 'public servant' as defined under Section 2(g) of Madhya Pradesh Lokyukt Evam Up-Lokayukt Adhiniyam, 1981 (for brevity as "Adhiniyam of 1981", which reads as under:-
"2(g). "Public Servant" means a person falling under any of the following categories, namely :-
(i) to (iv) .................................
(v) Any person holding any office in, or any employee of -
(i) ..............................
(ii) a Corporation or 'local authority established by State Government under a Central or State enactment."
3. The brief facts leading to the controversy involved in the case are that the appellant No. 1 was elected as Mayor and appellants Nos. 2 to 6 as Councillors of the Municipal Corporation Gwalior in the elections held in the year 1999 in accord
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