LexMANISH TRIVEDI versus STATE OF RAJASTHAN
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[2013] 12 S.C.R. 205 MANISH TRIVEDI v. STATE OF RAJASTHAN (Criminal Appeal No. 1881 of 2013) OCTOBER 29, 2013 [CHANDRAMAULI KR. PRASAD AND JAGDISH SINGH KHEHAR, JJ.] RAJASTHAN MUNICIPAL/TIES ACT, 1959: s.87 of the Rajasthan Act rlw s.21, /PC and s.2(c)(viii) of A B c PC Act -- 'Public servant' - Appellant, a Municipal Councillor and Member of Municipal Board - Held: Bys. 87 of Rajasthan Municipalities Act, Legislature has created a fiction that every Member of Municipal Board shall be deemed to be a public D servant within the meaning of s. 21, /PC - Thus, appellant is a public servant within the meaning of s.21,IPC - Penal Code, 1860- s.21 - Prevention of Corruption Act, 1988 - s.2(c)(viii). PREVENTION OF CORRUPTION ACT, 1988: s.2(c)(viii) - 'Public servant' - Held: Act envisages widening of the scope of definition of expression 'public servant' -- It was brought in force to purify public administration E -- Legislature has used a comprehensive definition of 'public servant' to achieve the purpose of punishing and curbing F corruption among public servants -- Therefore, it would be inappropriate to limit the contents of definition clause by a construction which would be against the spirit of the statute - Interpretation of statute. s.2(c)(viii) - 'Public servant' - Appellant a Municipal G Councillor and Member of Municipal Board - Held: Is a public servant within the meaning of s.2(c) -- Clause (viii) of s.2(c) makes any person, who holds an office by virtue of which he 205 H 206 . SUPREME COURT REPORTS [2013] 12 S.C.R. A is authorized or required to perform any public duty, to be a public seNant -- Word 'office' in the context would mean a position or place to which certain duties are attached and has an existence which is independent of the persons who fill it - - Councillors and Members of Municipal Board are positions B under Rajasthan Municipalities Act -- They perform various duties which are in the field of public duty -- Rajasthan Municipalities Act, 1959 -- s.87-- Penal Code, 1860 - s.21. INTERPRETATION OF STATUTES: C Legal fiction - Held: Legislature is competent to create a legal fiction -- A deeming provision is enacted for the purpose of assuming the existence of a fact which does not really exist -- When legislature creates a legal fiction, court has to ascertain for what purpose the fiction is created and after D ascertaining this, to assume all those facts and consequences which are incidental or inevitable corollaries for giving effect to the fiction -- Legislature, while enacting s. 87 of Rajasthan Municipalities, has created a legal fiction for the purpose of assuming that the Members, otherwise, may not be public E seNants within the meaning of s.21 /PC but shall be assumed to be so in view of legal fiction so created -- Rajasthan Municipalities Act, 1959 - s.87 -- Penal Code, 1860 - s.21. WORDS AND PHRASES: F 'Office' - Connotation of Prevention of Corruption Act, 1988. A charge sheet for offences u/ss 7 and 13(1)(d) r/w s.13(2) of the Prevention of Corruption Act, 1988 was filed G against the appellant, who at the relevant time was a Municipal Councillor and a Member of the Municipal Board. During the trial, the appellant filed an application before the trial court for dropping the proceeding, inter alia, contending that he being a Councillor did not come H within the definition of 'public servant' and, as such, he ' I MANISH TRIVEDI v. STATE OF RAJASTHAN 207 could not be put on trial for the offence charged. The trial A court rejected the prayer. The High Court also rejected his petition u/s 482 of the Code of Criminal Procedure, 1973. Dismissing the appeal, the Court HELD: 1.1 Admittedly, the appellant is an elected Councillor and a Member of the Municipal Board. Section B 87 of the Act makes every Member to be public servant within the meaning of s. 21, IPC. The legislature, while enacting s.87 of the Rajasthan Municipalities Act, 1959 C has created a legal fiction for the purpose of assuming that the Members, otherwise, may not be public servants within the meaning of s.21 of the Penal Code but shall be assumed to be so in view of the legal fiction so created. Therefore, there is no escape from the conclusion that the D appellant is a public servant within the meaning of s.21 of the Penal Code. [para 14 & 15] [215-D, H; 216-A, C-D] 1.2 Legislature is competent to create a legal fiction. A deem
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