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 accordance to the provisions of M. P. Municipal Corporation Act 1956 (for brevity as "Act of 1956") for a period of five years, which has expired in January 2004. A complaint was filed before the Lokayukt M. P. about some irregularities committed by the appellants in acceptance of tenders called by the Municipal Corporation for construction of asphalt road. Lokayukt in exercise of power under Section 7 of the Adhiniyam of 1981 got enquired the matter through the Technical Cell of the Lokayukt Organization. Upon the preliminary enquiry prima facie case was found against the appellants as well as against the M. P. Municipal Commissioner, Engineers and Officers of the Corporation. Thereupon show cause notices were issued to 11 persons to show cause as to why the recommendations should not be made against them to the competent authority under Section 12(1) of the Adhiniyam of 1981.

4. The appellants raised preliminary objection that Lokayukt Organization does not have the jurisdiction to enquire into the allegations against them as they are not covered within the definition of 'public servant' as defined under Section 2(g) of the Adhiniyam of 1981 because in Section 2(g)(v)(ii) of the Adhiniyam of 1981 the word 'municipal' has not been added with the 'corporation'. Secondly, the Corporation should be established by the State Government under a State enactment and Gwalior Municipal Corporation has not been established by the State Government under State enactment, as there is no such provision in the Madhya Pradesh Municipal Corporation Act, 1956.

5. Lokayukt rejected the preliminary objections holding therein that the Gwalior Municipal Corporation was established by the State Government by Notification No. 76/XII-LA/56, Gwalior, dated 30th October, 1956, which was published in the Madhya Bharat Government Gazette, Special, dated 30th October 1956 and the copy of the notification has been quoted, according to which the Rajpramukh is pleased to notify that all provisions of the above Act shall come into operation in the following cities of Madhya Bharat from the date of publication of this notification in the Government Gazette, namely - (1) Indore (2) Gwalior and Lokayukt has held that there is no doubt that the Gwalior Municipal Corporation was established by the State Government under a State enactment, against which the appellants have filed Writ Petition No. 5649/2005.

6. The learned Writ Court vide order dated 14-11-2006 dismissed the Writ Petition holding therein that though the conclusions arrived at by the Lokayukt are correct, but the reasonings adopted by the Lokayukt cannot be sustained. Learned Writ Court further held that the Municipal Corporation Gwalior is not established by the State Government and it is constituted under the provisions of the Cons