The Public Prosecutor In All The Appeals. v. Ramayya Mudaliar And Others Accused.

The Public Prosecutor does not press these appeals except to elicit from this Court an expression of opinion as to the propriety of the proposition of the lower Court that Sect. 223 of the Madras Local Boards Act 1920 must be read as limited by Sect. 24. I am clear that the persons who can be expressly authorised under Sect. 223 to file complaints are not confined to those to whom the President may delegate his authority under Sect. 24. Had that been the intention, I think Sect. 223 would have read “expressly authorised under Sect. 24.” The proper procedure, I take to be this. The Union sanctions the prosecution and the President or the Union Board then expressly authorises some person, usually some responsible subordinate, to file the complaint. The authority should naturally be produced with the complaint, so that the Court may be satisfied of the authorisation, which alone gives it power to entertain the complaints. With these remarks the appeals are dismissed.

K.V.SAppeals dismissed.