The special anti-corruption court has held that a municipal corporator is not a public servant, and therefore, cannot be prosecuted under the Prevention of Corruption Act, 1988 (PCA).

“An elected officer, including MPs and MLAs, do not fall within the ambit of the PCA”, said Pugaonkar’s advocate M Unnikrishnan. “To be prosecuted for corruption under the PCA, the officer must be appointed to his post, not elected. There is a Supreme Court judgment saying so,” he added.
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