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2022 (1) TMI 1307 - HC - Indian LawsApplication to MUDA seeking cancellation of allotment - HELD THAT:- The trial Court has recorded a finding that the question of granting sanction for prosecution of accused Nos. 4 to 6 which includes the present petitioner does not arise on the following grounds, viz., (a) That the elected representative is elected by the people and not appointed by any person and accordingly, no person including the Speaker is competent to remove the MLA/MP from his office and therefore, the question of granting sanction for prosecution of accused Nos. 4 to 6 does not arise at all. (b) That accused Nos. 4 to 6 were the then Members of MUDA and no sanction to prosecute them is required under the provisions of pre-amended Prevention of Corruption Act, 1988. The trial Court has further proceeded to take note of the charge sheet and enclosures and has opined that prima facie there are sufficient material to take cognizance of the offences alleged and has ordered to proceed against accused Nos. 1 to 24 and while taking cognizance of the offence, has directed issuance of summons to accused Nos. 1 to 24. Insofar as the conclusion that no sanction is required as against the petitioner, the conclusion of trial Court is indeed correct and could be supported by virtue of the reasoning as made by this Court in the present order - The conclusion arrived at is correct and it would 'secure the ends of justice' to leave the order of the trial Court undisturbed. However, the observation made as noticed at point (a) above may not be correct, as it is the settled position of law that the Speaker would be the competent Authority to grant sanction for prosecution as regards the elected representatives. It is clear that the conclusion arrived at by the trial Court is correct. The defect in reasoning in arriving at such conclusion is liable to be ignored and would require to be so done in order to secure the ends of justice, which would be consistent with the exercise of jurisdiction under Section 482 of Cr.P.C. Petition dismissed.
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