The Kerala High Court on Friday stayed the government order granting permission to secretaries of local self-government institutions to expend money from their own funds for the conduct of Navakerala Sadas.
Justice Bechu Kurian Thomas passed the interim order on a writ petition filed by Beena Sasidharan, chairperson of the North Paravur municipality in Ernakulam district, challenging the government order.
The Judge observed, “I am prima facie satisfied that the Municipality Act does not confer power upon the secretaries to incur any expenditure dehors a decision by the municipal council or the chairperson. Section 15(3)(d), Section 49(1)(f) and Section 50(4) of the Municipality Act indicate that the secretary does not possess any powers to expend money other than what the municipal council or the chairperson has decided/directed”.
Therefore, the order to the extent that “it confers power upon the secretaries of local authorities to expend money from the municipality’s own funds, is prima facie ultra vires the Act”.
When the petition came up for hearing, advocate E. Adithyen, counsel for the petitioner, submitted that the statute does not vest the government with power to direct secretaries to make contributions for a programme of the government’s choice.
K. Gopalakrishna Kurup, Advocate-General, argued that the government had got powers under section 283(6) of the Kerala Municipality Act 1994 to issue such an order. The order did not compel the local self-government institutions to provide any financial assistance to organise Navakerala Sadas. In fact, the order had given only permission to local self-government institutions/secretaries to expend the amount required for conducting the Navakerala Sadas, he submitted.
The court further observed that “a reading of Section 283(6) of the Municipalities Act cannot, prima facie be understood as conferring any power upon the government to direct the funds of the municipality to be used for a particular purpose. The said provision only confers power upon the government to fix an annual limit for the expenses, financial assistance or grant for a purpose that are not directly concerned with the function of the municipality.”
