Supreme Court · 2004 INSC 642 · Decided 5 November 2004
Madhya Pradesh Special Police Establishment v. State of Madhya Pradesh and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 642 · [2004] SUPP. 5 S.C.R. 1020
- Case number
- CIVIL APPEAL No. 7256/2004
- Decided
- 5 November 2004
- Bench
- N. SANTOSH HEGDE, S.N. VARIAVA, B.P. SINGH, H.K. SEMA, S.B. SINHA (5-judge bench)
- Outcome
- Leave Granted & Allowed
- Case type
- Civil
- Acts & sections cited
- IPC; Constitution Article 163; Prevention of Corruption Act Section 226, 136, 142, 120
Headnote
Constitution of India, 1950-Article 163-Sanction for prosecution of Ministers under 1983 Act and !PC-Grant of-Council of Ministers to aid and C advise Governor, however Governor acting in his discretion-Propriety of­ Held: Normal rule is that the Governor is to act on the aid and advice of and not indepe'!dently or contrary to it-However, there are exceptions where as a matter of propriety Governor can act in his own discretion-On basis of materials disclosed by the report of Lokayukta prima .· D facie case made out against Ministers for prosecution-Decision of Council
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