SYLVESTER TOPPO Vs. STATE OF CHHATISGARH

JUDGEMENT

(1.) By these writ petitions under Art. 226/227 of the Constitution of India, the petitioners have questioned the legality and propriety of the orders to refuse renewal of their certificates to practice as Notary on the basis of Government order dated 31st December, 2002.

(2.) Brief facts leading to filing of these writ petitions are that the petitioners who are Advocates by profession practicing law in different parts of the State of Chhattisgarh were functioning as notaries public as they were appointed as such under the Notaries Act, 1952 (hereinafter referred to as 'the Act') by the erstwhile State of Madhya Pradesh. In the last, their renewal was refused by the State Government on the basis of its executive order dated 31st December, 2002, whereby looking to the number of Notary posts fixed for the State it has been decided that under Section 5 of the Act the certificate to practice as Notary Public is to be re-iewed once in order to give chance to more number of Advocates to practice as Notary Public. However, if any certificate has been renewed prior to this date, will remain effective till the date of expiry.

(3.) As all these writ petitions involve same question of law, therefore, they are being disposed of by this common order.