The Kerala High Court on Friday stayed a State government order granting permission to secretaries of local self-government institutions to spend money from their own funds for ‘Navakerala Sadas.
Justice Bechu Kurian Thomas passed the interim order on a writ petition challenging the government order filed by Beena Sasidharan, chairperson of the North Paravur municipality in Ernakulam district.
The court observed, “I am prima facie satisfied that the Municipality Act does not confer power upon the secretaries to incur any expenditure other than a decision by the municipal council.
Section 15(3)(d), Section 49(1)(f) and Section 50(4) of the Kerala Municipality Act indicate that the Secretary does not possess any powers to expend money other than what the municipal council directed.
Advocate of 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.
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