The Kerala High Court directed the State Government to clarify whether government pleaders hold the status of Gazetted Officers. The court instructed the State to issue a notification or instruction on this matter within a month. This order aims to resolve the ambiguity regarding the official status of government pleaders in Kerala.
The Kerala High Court instructed the State to clarify the status of Government Pleaders as Gazetted Officers by issuing a relevant notification or instruction within a month.
Gazetted Officers are government officials appointed via an Official Gazette notification, granting them the authority to verify and attest important documents.
The issue arose when a woman’s application to register her marriage under the Special Marriage Act, 1954, was rejected because it was not attested by a Gazetted Officer, despite being attested by a Government Pleader from the High Court.
On November 22, Justice Gopinath P directed the concerned Sub Registrar to accept the petitioner’s application as valid and proceed with the marriage registration without requiring a new submission.
The Judge emphasized the need for clarity, stating,
“In light of the controversy that has arisen in this case, I also deem it appropriate to direct the competent authority of the Government of Kerala to come out with a notification or an instruction clarifying as to whether Government Pleaders, Senior Government Pleaders and Special Government Pleaders are Gazetted Officers or not without undue delay and at any rate within a period of one month from the date of receipt of a certified copy of this judgment.”
The Court also directed the couple to provide a physical copy of their application, properly attested by a Gazetted Officer, as defined by the Kerala government.
The petitioner, an Indian citizen, sought to marry a US citizen and submitted an application for marriage registration under the Special Marriage Act (SMA). However, the Sub Registrar communicated that, according to a government order from April 12, 2018, applications must be attested by Gazetted Officers. He expressed uncertainty about whether a Government Pleader, who had attested the application, qualified as a Gazetted Officer.
To clarify, the Inspector General of Registration confirmed that Government Pleaders are not categorized as Gazetted Officers. This clarification led the Sub Registrar to reject the petitioner’s application.
Dissatisfied with this outcome, the petitioner filed a challenge in the High Court. Her counsel argued that requiring a new application would severely impact her case, given that the SMA stipulates a 30-day notice period for registration and her fiancé would soon be returning to the United States.
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In response, the Public Prosecutor stated that Government Pleaders are appointed through Gazette Notifications and should be considered Gazetted Officers for practical purposes. The Court took note of this argument and requested the State to issue a circular to resolve the confusion regarding the status of Government Pleaders.
After issuing this direction and instructing the Sub Registrar to accept the petitioner’s application, the Court concluded the proceedings.
The petitioner represented by advocates Raghul Sudheesh, Elizabeth Mathew, Ambily T Venu, Krishnaveni M, Anugraha P, and Avani PS, while Government Pleader Sunil Kuriakose represented the State.