TMI Blog1985 (7) TMI 385X X X X Extracts X X X X X X X X Extracts X X X X ..... , J. 1. This appeal by Certificate under Article 134 of the Constitution of India arises out of a judgment dated 3/6.9.76 of the Bombay High Court affirming the conviction and sentence of the appellant imposed by the trial court. 2. The short point on which certificate was granted and the case has been argued by both the parties falls within a very narrow compass. The appellant, who was a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. The only point for consideration in this appeal before us is whether or not a Municipal Councillor who was not assisting any public servant is a 'public servant' within the meaning of Section 21 of the IPC. It is not necessary for us to go into further details as the matter is no longer res integra and is covered by a recent decision of this Court in the case of R.S. Nayak v. A.R. Antu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Clause 9 is re-enacted as Clause 12(a). It must follow as a necessary corollary that the amendment of Clauses (9) and (12) by Amending Act 40 of 1964 did not bring about any change in the interpretation of Clause (9) and Clause (12)(a) after the amendment of 1964. . . . Therefore, apart from anything else, on historical evolution of Section 21, adopted as an external aid to construction, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h a person is elected by the people and functions undeterred by the commands or edicts of a governmental authority. The mere fact that a MLA gets allowance by way of honorarium does not convert his status into that of a 'public servant'. In Antulay's case (supra), the learned Judges of the Constitution Bench have referred to the entire history and evolution of the concept of a 'pub ..... X X X X Extracts X X X X X X X X Extracts X X X X
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