The Kerala High Court has called for a decisive clarification on whether Government Pleaders, including Senior and Special Government Pleaders, hold the status of gazetted officers. This issue arose during a case involving a rejected marriage application under the Special Marriage Act, citing procedural requirements tied to attestation by gazetted officers.
Case Background
The petitioner, intending to marry an American citizen, faced rejection of her application because a Government Pleader attested her document instead of a gazetted officer. The Sub-Registrar and Inspector General of Registration rejected the attestation due to the ambiguity around Government Pleaders' official designation.
Court’s Directions
Justice Gopinath P. directed the Kerala government to clarify the gazetted status of Government Pleaders via a notification within a month. Meanwhile, the Court instructed the Sub-Registrar to process the petitioner's application, provided she submits a fresh application attested by a recognized gazetted officer.
Implications
This clarification could streamline administrative processes and avoid similar disputes, potentially impacting the functioning and recognition of legal professionals within administrative frameworks.
Conclusion
The decision underscores the need for clear official designations to ensure procedural compliance and administrative efficiency, benefiting both citizens and public officials.
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