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In this case, the delegation in regard to the performance of the executive functions which may be performed by or on behalf of the Municipal Council was, according to him, made under the provisions of Clause (d) of Sub-section (1) of Section 24 of the Act. Mr. Chandrasekhar therefore argues that if the issue of the notice by the President can be regarded as a mere executive function which could have been performed by or on behalf of the Municipal Council the President who presided over such Municipal Council, was, under the provisions of that clause referred to above, competent to issue that notice, it being merely the performance of an executive function which could have been performed by or on behalf of the Municipal Council.

26. The relevent provision of that Section is this:

'46. (1) The Government shall, as soon as may be, make rules, not inconsistent with this Act;--

x x x x

(b) (i) determining the executive functions to be performed by the president, vice-president, the chairman of any committee, or the executive officer and the delegation of any of its powers or duties to such persons."

27. The question therefore is whether Mr. Krishna Murthy's contention that the President could not perform any of the executive functions referred to in Clause (d) of Sub-section (1) of Section 24 of the Act unless there has been not only the delegation but also a determination of those powers by the Government under Section 46 of the Act, can be accepted as sound.

In support of that contention Mr. Chandrasekhar relies, as I have already mentioned, on the provisions of Clause (d) of Sub-section (1) of Section 24 of the Act. The soundness or otherwise of the contention urged by Mr. Chandrasekhar depends on whether the issue of the notice referred to in Clause (d) of Sub-section (2) of Section 14 of the Act, is the performance of an executive function or not. If it is a performance of an executive function, Mr. Chandrasekhar's contention has to be upheld. If it is not the performance of an executive function, this petition must succeed.

These are powers which Mr. Chandrasckhar does not dispute cannot be delegated by the Municipal Council to the President or any one of its officers. But if the power to issue a notice under Cluase (d) of Sub-section (2) of Section 14 of the Act is not one of such powers, he contends that the power to issue such a notice is the power to perform a mere executive function and was, therefore, statutorily delegated under "the provisions of Section 24 of the Act.

41. What an executive function is and what executive power means is a matter on which there can be no inflexible or positive rule. It cannot be defined by any neat combination of words. What js or is not ah executive power in a given case must depend upon the particular statute and the context in which such power is referred to.