Judgment

SARKAR, J.: 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 :-

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(s) any other matter likely to pr