https://www.taxtmi.com/caselaws?id=183322 Section 87 of the Rajasthan Municipalities Act, 1959 deems every member of a municipal board to be a public servant under the IPC, and that deeming fiction applies fully for its intended purpose. The broader, self-contained definition of "public servant" in Section 2(c) of the Prevention of Corruption Act, 1988 also covers a person holding an office that authorises or requires performance of public duty. An elected municipal councillor or board member falls within that description because such office involves public duties. The earlier IPC-based authorities were distinguished. The prosecution against the councillor was therefore maintainable, and the challenge to the criminal proceedings failed. en-us Tue, 29 Oct 2013 00:00:00 +0530 Tue, 07 Mar 2017 10:22:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=183322 Section 87 of the Rajasthan Municipalities Act, 1959 deems every member of a municipal board to be a public servant under the IPC, and that deeming fiction applies fully for its intended purpose. The broader, self-contained definition of "public servant" in Section 2(c) of the Prevention of Corruption Act, 1988 also covers a person holding an office that authorises or requires performance of public duty. An elected municipal councillor or board member falls within that description because such office involves public duties. The earlier IPC-based authorities were distinguished. The prosecution against the councillor was therefore maintainable, and the challenge to the criminal proceedings failed. Case-Laws Indian Laws Tue, 29 Oct 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=183322