ANIL KUMAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THE petitioner is a practising lawyer at Rishikesh, District Dehradun and has challenged the Notification dated 23 -5 -2001 issued by the respondent no.1 appointing the respondent no.3 as a Notary for Tahsil Rishikesh. He has also prayed for a writ of mandamus directing the respondent no.1 to appoint him as Notary for Tahsil Rishikesh.

(2.) THE respondent no. 1 took a decision to create an additional post of a Notary for Tahsil Rishikesh and in pursuance of such Government decision a notice dated 23 -4 -2001 was issued by the respondent no.2 (District Judge, Dehradun) inviting applications in the prescribed format by 10 -5 -2001. Nine candidates including the petitioner and respondent no.3 submitted applications. The petitioner was a candidate of backward class practising at Rishikesh since 1985 and, according to him, he was the only candidate eligible to be appointed as Notary. As regards respondent no.3, it is contended that he is not a practising Advocate in Tahsil Rishikesh. Nor he actually resides there. In fact, he is a resident of Tehri Garhwal district and practises there. He is also a member of ruling B.J.P. and has great political affinity and influence in the B.J.P. circle. He is said to have manoeuvred his appointment as Notary by exercising undue influence on the respondent no.1. The respondent no. 2 did not follow the relevant rules and only forwarded the applications of the petitioner and respondent no.3 along with other applicants without making any recommendation as enjoined upon him under Rule 7 and without making any inquiry and without inviting any objection under Rule 6 of the Notaries Rules 1956. The petition is founded on these allegations, seeking the relief as mentioned in the opening part of the judgment.

(3.) WE have heard learned counsel for the petitioner, learned S.C. and learned counsel for the respondent no.3 whose appointment as Notary has been challenged. The learned S.C. has also placed before us the record concerning the appointment of Notary. The submission from the side of the respondent no.3 is that he is a practising Advocate in Tahsil Rishikesh since his registration as such and he is residing at Rishikesh since his student life. He, thus, justifies his appointment as Notary.