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1928 Supreme(Mad) 54
IN THE HIGH COURT OF MADRAS
Wallace, J.
The Public Prosecutor
Versus
Ramayya Mudaliar And Ors.
Decided On : 2 February, 1928
The authority to file complaints under Section 223 is not limited to those to whom the President may delegate his authority under Section 24.
Headnote:
Section 223 - Interpretation of the Madras Local Boards Act, 1920 - The court clarified that the persons authorized under Section 223 to file complaints are not limited to those to whom the President may delegate his authority under Section 24.
Fact of the Case:
The Public Prosecutor appealed to seek the court's opinion on the interpretation of Section 223 of the Madras Local Boards Act, 1920.
Finding of the Court:
The court clarified that the persons authorized under Section 223 to file complaints are not confined to those to whom the President may delegate his authority under Section 24.
Issues: Interpretation of Section 223 of the Madras Local Boards Act, 1920
Ratio Decidendi: The court held that the authority to file complaints under Section 223 is not limited to those to whom the President may delegate his authority under Section 24.
Final Decision: The appeals were dismissed.
Wallace, J.
1. The Public Prosecutor does not press these appeals except to elicit from this Court an expression of opinion as to the propriety of the proposition of the Lower Court that Section 223 of the Madras Local Boards Act, 1920, must be read as limited by Section 24. I am clear that the persons who can be expressly authorised under Section 223 to file complaints are not confined to those to whom the President may delegate his authority under Section 24. Had that been the intention, I think Section 223 would have read "expressly authorised under Section
24." The proper procedure, I take to be this. The Union sanctions the prosecution and the President of the Union Board then expressly authorises some person, usually some responsible subordinate, to file the complaint. The authority should naturally be produced with the complaint, so that the Court may be satisfied of the authorisation, which alone gives it power to entertain the complaints. With these remarks the appeals are dismissed.
