NARESH KUMAR PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) HEARD learned counsel appearing for the parties. The petitioner seeks to challenge the order dated 10.02.2004 (Annexure P-8), whereby, the appointment of the petitioner as Notary under the provisions of Section 3 of the Notaries Act, 1952 (for short "the Act, 1952") and the Notaries Rules, 1956 (for short "the Rules, 1956") was canceled on the ground that on a complaint, it was found that the petitioner did not possess the requisite experience as required under Rule 3(a) and (aa) of the Rules, 1956.

(2.) THE petitioner was appointed on 02.07.2003 (Annexure P-7) as Notary as aforestated. Thereafter, by the impugned order dated 10.02.2004 (Annexure P-8), the appointment of the petitioner as Notary was terminated.

(3.) LEARNED Advocate General, who was appointed as Amicus Curiae on 13.01.2009 submits that the Rules, 1956 were framed by the Central Government in exercise of powers conferred by Section 15 of the Act, 1952. Rule 3 provides for qualification for appointment as a Notary, wherein, it is provided that no person shall be eligible for appointment as Notary, unless on the date of the application for such appointment (a) a person had been practicing atleast for 10 years, or (aa) a person belonging to Scheduled Castes/Scheduled Tribes and Other Backward Classes had been practicing at least for seven years. Rule 144(a) framed by the State Bar Council provides that an Advocate after he has been enrolled with the State Bar Council, shall become a member of the Bar Association within one month where he proposes to practice and meticulously observe the rules of that Bar Association.