The authority for removal of officials in the Devaswom Ministry is governed by statutory provisions, and the court cannot intervene in matters reserved for the Governor.

Raja Vijayaraghavan V, J.

The petitioner has approached this Court as a party in person seeking the following reliefs:

a) Direct the Hon’ble Chief Minister of Kerala to remove the present Minister for Devaswom, the President, and Members of the Travancore Devaswom Board, and all officials involved in the alleged gold misappropriation from their respective offices;

b) Direct that only devout and honest individuals with faith in Lord Ayyappa be appointed to positions in the Devaswom Ministry and Travancore Devaswom Board;

c) Direct the Hon’ble Chief Minister to ensure a transparent, accountable, and faithful administration of the Sabarimala Temple and all related institutions;

2. According to the petitioner, he has submitted numerous representations before the Chief Minister of Kerala seeking to relieve the Minister of Devaswom and to appoint in his place a devout believer from among the Ministers in the Cabinet or a Member of the Legislative Assembly known for his integrity and faith in God. His grievance is that no action has been taken by the Chief Minister.

3. We have heard the submissions of Sri. C.R. Shaji, who appeared in person, the learned Standing Counsel appearing for the TDB and also the learned Government Pleader.

4. Under Article 163 of the Constitution of India, there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except insofar as he is by or under the Constitution required to exercise his functions or any of them at his discretion. Under Article 164 of the Constitution, the Chief Minister shall be appointed by the Governor, and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister. The Ministers are to hold office during the pleasure of the Government.

5. The petitioner, being a person untrained in law, is perhaps unaware that respect for the limits of functional division and adherence to the principle of separation of powers constitute the very foundation of our constitutional democracy. This Court, while exercising its discretionary jurisdiction under Article 226 of the Constitution, cannot and will not encroach upon spheres that the Constitution has expressly and exclusively reserved for the Governor. The Chief Minister is ultimately accountable to the electorate, which maintains a continuous and overarching vigil to prevent misperformance or misrule by their elected representatives. In such matters, no gratuitous advice, much less any specific direction, from this Court is either warranted or permissible.

6. Furthermore, the appointment of the President and the Members of the Travancore Devaswom Board is governed entirely by the provisions of the Travancore-Cochin Hindu Religious Institutions Act , 1950. Section 5 prescribes the procedure for the election of M embers to the Board; Section 6 stipulates the qualifications for membership; Section 7 sets out the grounds for disqualification; Section 8 provides for supervening disqualification; and Section 9 lays down the mechanism for the removal of a Member. The statute thus expressly provides that a Member may be removed from office only on the ground of proven misbehaviour, and only upon an application made to the High Court under Section 9 (2) by the Advocate General or a person belonging to the Hindu community. When the legislature has provided a specific and exhaustive procedure for removal, this Court cannot, in a proceeding under Article 226 of the Constitution, entertain or grant the prayer sought in the W rit Petition. The statutory scheme clearly excludes any alternative route, and we find no reason in this petition