Kerala High Court directs State to clarify whether government pleaders are Gazetted Officers

The Kerala High Court on Friday ordered the State to clarify whether Government Pleaders are Gazetted Officers by issuing an appropriate notification or instruction within a month [Sheba Sam Benjamin v. State of Kerala and ors].

Gazetted Officers are government officials who are appointed by way of an notification in the Official Gazette, and who have the authority to verify and attest important documents.

The question of whether a Government Pleader is a Gazetted Officer arose after a woman's (petitioner) application to register a marriage under the Special Marriage Act, 1954 (SMA) was rejected on the ground that it was not attested by a Gazetted Officer, despite it having been attested by a Government Pleader practicing at the High Court.

On November 22, Justice Gopinath P directed the concerned Sub Registrar to treat the petitioner’s application as valid and to proceed with the marriage registration without requiring a fresh submission.

Pertinently, the Judge also asked the State to issue a clarification so that the confusion over whether a Government Pleader is a Gazetted Officer does not persist.

"In the 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 said.

The Court also instructed the couple to submit a physical copy of the application, duly attested by a Gazetted Officer, already notified by the Kerala government.

The petitioner was an Indian citizen who wished to marry a US citizen. For this purpose, she had submitted an application for marriage registration under the SMA.

The Sub Registrar issued a communication stating that, as per a government order dated April 12, 2018, applications must be attested by Gazetted Officers. He disclosed that he was unsure of whether a Government Pleader, who attested the application, was a Gazetted Officer.

A clarification was sought from the Inspector General of Registration, who clarified that Government Pleaders were not classified as Gazetted Officers.

This led the Sub Registrar to reject the petitioner's application

Aggrieved, the petitioner challenged the rejection of her application by filing a petition before the High Court.

The petitioner's counsel argued that asking for a fresh application would significantly prejudice her case, as the SMA mandated a 30-day notice period for registration, and her fiancé would soon be returning to the United States.

The Public Prosecutor submitted that Government Pleaders were appointed via Gazette Notifications, making them Gazetted Officers for all practical purposes.

The Court recorded this submission and asked the State to issue a circular so that the controversy of whether a Government Pleader is a Gazetted Officer is put to rest.

Having issued this direction, and after asking the Sub-Registrar to accept the petitioner' application, the Court proceeded to dispose of the petition.

The petitioner was represented by advocates Raghul Sudheesh, Elizabeth Mathew, Ambily T Venu, Krishnaveni M, Anugraha P, and Avani PS.

Government Pleader Sunil Kuriakose appeared for the state.

[Read Order]