ANIRUDDHA NAGAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Regard being had to the similitude of the facts and question of law involved in both the writ petitions, they are being heard and decided analogously by this common order. However, for the sake of convenience, facts of W.P. No. 16338 of 2023 are being taken for reference.

(2.) The W.P. No.16338 of 2023 has been filed under Article 226 of the Constitution of India assailing the order dtd. 30/5/2023 passed by respondent No.1 to set aside the order of refusal of sanction by President- in-council, Municipal Council, Ashta and the order dtd. 17/7/2023 for granting sanction under Sec. 323(2) of Madhya Pradesh Municipalities Act, 1961 (for brevity 'Act of 1961') to prosecute the petitioner in connection with Crime No.229/2015 for the offence registered under Ss. 7, 13(1)(b) and 13(2) of the Prevention of Corruption Act, 1988 (in short 'PC Act, 1988') on the ground that the impugned order was passed by respondent No.1 without jurisdiction, contrary to the provisions contained under Sec. 323 of the Act of 1961 and also against the direction issued vide circular dtd. 5/9/2014 (Annexure P/4) passed by General Administration Department, Govt. of M.P. (hereinafter referred to as 'GAD'). Shorn of unnecessary details, the facts germane to the institution of the present petition, are as under :-

(3.) Learned counsel for the petitioner succinctly submits that once the order was passed by the PIC, Municipal Council, Ashta refusing the sanction for prosecution for the aforesaid offences then the State authorities or its functionaries do not have any power to set aside the same under Sec. 323 of the Act of 1961. It is further submitted that according to a circular issued by General Administration Department, Govt. of Madhya Pradesh dtd. 5/9/2014, the Department Law and Legislative Affairs, Govt. of Madhya Pradesh is competent authority for giving its opinion vis-a- vis the prosecution sanction rejected by PIC, Municipal Council, Ashta on 12/10/2022 and the Urban Administration & Development Department has passed the impugned order without jurisdiction and contrary to the aforesaid circular since the State Government itself has sent the said matter to the Municipal Council, Ashta for adjudication with regard to sanction against the petitioner.