POORAN SINGH PALAIYA Vs. LOKAYUKT MADHYA PRADESH

JUDGEMENT

(1.) This petition is filed by the petitioners challenging the findings on preliminary objections raised by the petitioners before the Lokayukt dated 24-6-2005 Annexure P-l whereby the Lokayukt has held that he has jurisdiction to proceed against the petitioners.

(2.) Brief facts of the case are that the petitioner No. 1 was the Mayor of Gwalior Municipal Corporation while petitioner Nos. 2 to 6 are Ex-councillors of the Municipal Corporation. These persons were elected as Mayor and Councillors in the general elections held for Gwalior Municipal Corporation in the end of the year 1999 in accordance with the provisions of the M.P. Municipal Corporation Act, 1956. They were elected for a term of five years which expired in January, 2004.

(3.) A complaint was made before the Lokayukt Madhya Pradesh about some irregularities in acceptance of tenders called by the Municipal Corporation for construction and repairs of roads. The Lokayukt in exercise of the powers under Section 7 of the Madhya Pradesh Lokayukt Evam Up-Lokayukt Adhiniyam, 1981 inquired the matter by deputing Chief Engineer. Chief Engineer on the preliminary enquiry found prima facie case against the petitioners as well as Municipal Commissioner, Engineers and officers of the Corporation. A show-cause notice was issued by respondent No. 1 to the petitioners and other members of the Mayor-in-Council as well as to the Municipal Corporation and Engineers, copy of which is Annexure P-7.