- (1.) This appeal is against an order of the High Court of Bombay issuing a writ whereby the Municipal Corporation of Nagpur, the appellant before us, was restrained from carrying out a resolution proposing to send two of its members as delegates to a Health Congress at Harrogate in U. K. and sanctioning certain expenses in connection with the delegation.
(2.) There is no doubt that if what a Corporation proposes to do is what it had been authorised by its incorporating statute to do it is not the business of a court to interfere with the mode in which the Corporation decides to act: see mayor etc., of Westminster v. London and North Western Ry. Co., 1905 AC 42. If therefore, the appellant Corporation had power under its incorporating statute, the City of Nagpur Corporation Act, 1948, to send delegates to the Congress at Harrogate, it would appear prima facie that the writ was erroneously issued by the High Court. Now, S. 58 (s) of the Act provides, "The Corporation may in its discretion provide from time to time either wholly or partly for all or any of the following matters, namely :- ... ... ... ... ... ... ... ... ... ... ... ... ... ... (s) any other matter likely to promote the public health, safety and convenience of the public." The question is whether the action of the appellant Corporation is within this section.
(3.) It appears that the conveners of the Congress at Harrogate had sent an invitation to the appellant Corporation to send delegates to the Congress. The following facts appear from the invitation: delegates representing all aspects of public health would discuss at the Congress subjects of common interest: there would be a health exhibition where latest equipment and products of leading manufacturers and trade and research organisations would be put on show; and the delegates might visit water supply undertaking, sewage disposal works, housing schemes, hospitals health service centres, food factories and canteens and similar organisations. We think it beyond question that a delegate attending the Congress would certainly have acquired much useful knowledge of matters concerning public health and become acquainted with the modern equipment and appliances used in, and organisations suited for and the latest trend of thoughts regarding, matters concerning public health. It appears to us plain that by sending delegates to the Congress, the appellant Corporation would have acquired useful knowledge connected with public health which it could utilise later to promote public health at Nagpur. The sending of delegates, therefore, was something which the appellant Corporation was authorised by S 58 (s) of its incorporating statute to do.;