SUMATHIKUTTY AMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) Against the order Ext. P7 of the second respondent disqualifying the petitioners from membership of the managing committee of the Pathanamthitta District Cooperative Bank Ltd. the petitioners have filed an appeal before the Government, a copy of the appeal being Ext. P8. They have also filed an application Ext. P9 for stay of operation of the order pending the appeal. The appeal is dated 1-2-1992, the order Ext. P7 itself being dated 25-1-1992. Ext. P8 stales that the order was received by the petitioners on 30-1-1992. As per a previous judgment of this court in O.P.No.20 of 1992, the second respondent had been directed to keep the order passed by him in the proceedings initiated earlier in abeyance for a period of two weeks from the date of communication of the order to the parties. This has been mentioned in Ext. P7 itself and therefore Ext. P7 takes effect only from the expiry of 14days from 30-1-1992 when it was communicated to the petitioners, i.e. this order lakes effect only after 13-2-1992.

(2.) Though the petitioners seek to quash Ext. P7 as well as the proceedings leading thereto, I do not find it proper for this court to deal with the matter on merits. The petitioners have already resorted to the statutory remedy of filing appeal against Ext. P7 before the Government. The questions involved are mainly questions of fact" which cannot be properly adjudicated upon in a proceeding under Art.226. Petitioners' appeal Ext. P8 was therefore the proper remedy.

(3.) The petitioners have also moved an application for stay. It is only proper that the same is disposed of by the Government expeditiously.