Soon, your local civic corporator or councillor will be declared a public servant but can be prosecuted under the criminal procedure act and anti-corruption law only if the government approves it.
Soon, your local civic corporator or councillor will be declared a public servant but can be prosecuted under the criminal procedure act and anti-corruption law only if the government approves it.
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Chief minister Prithviraj Chavan’s urban development department has put this in place despite the law and judiciary department’s opinion that no such previous sanction of the state government is necessary.
The move is seen as a major deterrent because government approvals to prosecute influential elected representatives could be hard to come by for political reasons.
The Maharashtra Lokayukta and Upa-Lokayukta Act-1971 was amended last year to allow the Lokayukta to try the mayor, deputy mayor and corporators on charges of corruption or abuse of power.
However, the Lokayukta cannot prosecute the guilty but pass on the inquiry report to the governor who in turn can table the findings before the State Legislature for further action.
The state cabinet will take up a proposal to amend the three municipal acts at its weekly meeting on Wednesday.
These acts provide for disqualification and removal of a councillor or corporator from the office by the state or local self-government.
But as only the Indian Penal Code treats councillors or corporators as public servants, the urban development department wants the Code of Criminal Procedure and Prevention of Corruption Act to not have such provisions.
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