Court : Orissa
Decided on : Jul-20-1979
Reported in : AIR1980Ori79; 48(1979)CLT333
..... 23 applied or not, the voting had to be done by show of hands. he has placed reliance on a chancery decision in the case of in re horbury bridge coal, iron and wagon co., (1879) 11 ch d 109 and a passage from halsbury's laws of england, vol. 9 (4th edition), note no. 1308 at page 768, ..... of expenditure up to a sum of rs. 50,000 (rupees fifty thousand) only to its chairman in contravention of the provisions of section 69 of the orissa municipal act, 1950 (orissa act 23 of 1950) read with rules 23 and 24 of the orissa municipal rules, 1953;and whereas in pursuance to the provisions of sub-section (2) of section ..... . the municipal council deals with public funds. primarily for the convenience of functioning and management, the municipal council is to authorise expenditure from such funds and therefore, the act authorises delegation of power in favour of the chairman or the executive officer. one cannot conceive of any just and fair democratic principle which would justify the delegation of such .....
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