KAMAL LOCHAN PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition is registered on the basis of a letter/representation received by the Hon'ble Chief Justice from some members of the Ganjam Bar Association, Berhampur.

(2.) THE grievance of the petitioners is that, Opp. party No. 1 has been making appointment of Notaries, contrary to the provisions of the Notaries Act, 1952 and the Notaries Rules, 1956 according to its sweet will. It is alleged that in spite of objection filed by the petitioners to the appointment of Opp. parties 2 and 3 as Notaries for Berhampur, they have been appointed as such, in spite of their ineligibility. The petitioners have prayed for a direction to State Government to stop such illegal appointment of Notaries and for a direction that only after inviting application through advertisement and following the due procedure laid down under law, appointment of Notaries should be made.

(3.) IN view of the contentions raised by the Opp. parties, the scheme of the Act and the Rules made, thereunder, for appointment of Notaries and the requirement thereof are necessary to be considered. Under Section 3 of the Notaries Act, 1952 (hereinafter called 'the Act'), the Central Government in case of whole or any part of India and State Government for the whole or any part of that State may appoint as Notaries, any legal practitioner or other persons, who possess the qualification as may be prescribed. Section 5 of the Act provides for entry of names in the Register and issue or renewal of certificate or practice. But under Section 5(1)(b), a Notary can be authorised to practice for a period of three years from the date of issue of any certificate, subject to further renewal as contemplated under Section 5(2). Functions of the Notaries are enumerated under Section 8 thereof and Section 10 contemplates the grounds on which the names of a Notary can be removed from the Register.