G PRAMOD Vs. STATE OF KERALA

JUDGEMENT

(1.) Vigilance enquiry has been initiated by the Vigilance and Anti-corruption Bureau into the grave allegations against the President of the Anchal Grama Panchayat, and has registered a Crime. The allegation is that without obtaining any sanction, he has spent an amount of 67,82,423/- for installing 17 High-mast lights in the Panchayat, which has revealed gross financial corruption. The investigation is going on.

(2.) According to the investigating officer, several materials by way of evidence have been collected and the investigation is swiftly going on. The present challenge by the petitioner is that as per Section 248 of the Kerala Panchayat Raj Act, 1994, sanction is required for taking cognizance and therefore, even an FIR ought not to have been filed without obtaining sanction to proceed against the petitioner.

(3.) On going through Section 248 of the Kerala Panchayat Raj Act, it is evident that sanction is required in the case of the President, Vice-president etc. or Secretary or other employee of the Panchayat, for taking cognizance of any offence allegedly committed by any of them in the course of the discharge of their official duties. Here, cognizance has not been taken so far. The question of cognizance comes into play only on the filing of the complaint or the final report. The final report has not been filed so far. In case the final report is filed without obtaining sanction under Section 248 of the Kerala Panchayat Raj Act, the present argument could have been taken. Matters being so, with liberty to the petitioner to move this Court at appropriate stage, in case of any grievance, this Crl.M.C. is closed.