LETTER TO THE CM REGARDING STOPPING THE ILLEGAL PRACTICE OF DEPRIVING DULY APPOINTED NOTORY PUBLIC OF THEIR LEGAL RIGHTS

LETTER TO THE CM REGARDING STOPPING THE ILLEGAL PRACTICE OF DEPRIVING DULY APPOINTED NOTORY PUBLIC OF THEIR LEGAL RIGHTS

9-JAN-ENG 4

RAJIV NAYAN AGRAWAL

ARA--------------------------Advocate Pramod Rai wrote a letter to the Chief Minister, Nitish Kumar regarding stopping the illegal practice of depriving duly appointed Notary Publics of their legal rights and functions in all departments of the Government of Bihar and the Government of India, especially in the Circle Offices, and declaring affidavits executed by Notary Publics and Executive Magistrates as equally valid and acceptable.

With due respect, it is submitted that an arbitrary, illegal, and anti-people administrative practice has come into vogue in various departments of the Government of Bihar and the Government of India, especially in the Circle Offices, where affidavits executed by Notary Publics are being rejected and only those executed by Executive Magistrates are being accepted. This is causing serious difficulties for ordinary citizens and is practically depriving a large number of duly appointed Notary Publics of their legal rights and functions.

It is an undeniable fact that Notary Publics are duly appointed by the Government of India and the State Government under the Notaries Act, 1952 and the rules framed thereunder. The said Act clearly grants Notary Publics the right to perform various legal functions, including the verification and execution of affidavits. In such a situation, invalidating affidavits executed by Notary Publics at the departmental level is a clear violation of the law.

It is extremely regrettable that in Circle Offices, affidavits executed by Notary Publics are being rejected for birth certificates, death certificates, genealogy certificates, dependency certificates, and other departmental work, forcing the general public to repeatedly approach the Executive Magistrate. In practice, the number of Executive Magistrates is limited, and the execution of affidavits through them is subject to considerable delay, causing financial loss, mental harassment, and unnecessary administrative complications for the general public. This type of administrative arrangement is not only violating the fundamental rights of ordinary citizens under Articles 14 (Right to Equality) and 21 (Right to Life and Personal Liberty) of the Constitution, but is also imposing unfair and illegal restrictions on the rights of Notary Publics to practice their legal profession, as guaranteed under Article 19(1)(g). In essence, this situation amounts to ostracizing Notary Publics appointed by the Government of India and the Government of Bihar from their statutory duties, which is contrary to the spirit of the Rule of Law.

Therefore, I respectfully request the Honorable Chief Minister to kindly issue the following directions, keeping in mind public interest, legal clarity, and administrative efficiency:

Any administrative practice that deprives or isolates Notary Publics appointed by the Government of India and the Government of Bihar from their statutory rights and functions should be immediately stopped.

Affidavits executed by Notary Publics should be declared fully valid and acceptable in Circle Offices and all other departments, at par with affidavits executed by Executive Magistrates.

A clear, binding, and uniform circular/guideline should be issued to all departments in this regard, leaving no scope for any arbitrary action, discrimination, or illegal rejection at the lower levels.

It should be ensured that in the future, no Notary Public is directly or indirectly prevented from discharging their legal duties through administrative orders or practices.

With the strong hope for a positive and prompt decision on this matter of public interest and legal compliance, I shall remain ever grateful to you.