Madhya Pradesh High Court
Shri Bhola Prasad Patel vs The State Of Madhya Pradesh on 27 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:17291
1 WP-4830-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV SACHDEVA,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VINAY SARAF
ON THE 27th OF FEBRUARY, 2026
WRIT PETITION No. 4830 of 2026
SHRI BHOLA PRASAD PATEL
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Jaideep Verma - Advocate for the petitioner.
Dr S.S. Chouhan - Government Advocate for respondent no.1/State
Shri K.N.Fakhruddin - Advocate for respondent no.2.
ORDER
Per: Hon'ble Shri Justice Vinay Saraf
1. The present petition is preferred by the petitioner challenging the legality and validity of the order dated 05.01.2026 passed by the Law and Legislative Affairs, Government of M.P., whereby the Notary licence issued in favour of the petitioner was revoked and the petitioner has been permanently debarred from practicing as a Notary.
2 . With the consent of parties heard Shri Jaideep Verma, learned counsel for petitioner and Dr.S.S.Chauhan - Government Advocate for the purpose of final disposal of the case.
3 . The petitioner is an enrolled advocate and by order dated Signature Not Verified Signed by: TRUPTI GUNJAL Signing time: 18-03-2026 11:18:25 NEUTRAL CITATION NO. 2026:MPHC-JBP:17291 2 WP-4830-2026 20.12.2000, the petitioner was appointed as Notary and permitted to carry out the practice of Notary at District Headquarter, Rewa for a period of 5 years, which was duly renewed for a further period of 5 years by the Law and Legislative Department, Government of M.P. vide order dated 22.05.2025 till 19.12.2030.
4 . In Criminal Appeal No.6417/2024 (Archana Saket and others Vs. State of M.P. and others) it was submitted before the Coordinate Bench that appellant Archana had performed a notarial marriage with co-accused Sandeep Saket and the copies of affidavits of marriage duly notarized by the petitioner were produced before the Court by the accused person therein and after examining the same, the Coordinate Bench by order dated 29.10.2025 issued direction to the Principal Secretary, Law and Legislative Department to take action against the petitioner i.e. Mr. B.P.Patel, Notary Rewa (M.P.) for performing notarial marriage on affidavit by holding that this kind of conduct on part of the concerned Notary needs thorough investigation that how Notaries (Public) are misusing their authority and executing documents as proof of marriage and it was further directed that the report be submitted within a period of 30 days.
5 . In compliance of directions issued by the Coordinate Bench in Criminal Appeal No.6417/2024 on 29.10.2025, Third Civil Judge, Senior Division, Rewa (M.P.) was appointed as Inquiry Officer, who issued a notice to the petitioner on 06.12.2025 for production of the relevant documents on 08.12.2025. The statement of petitioner was recorded by the Inquiry Officer on 08.12.2025; wherein he admitted attestation of the marriage affidavits Signature Not Verified Signed by: TRUPTI GUNJAL Signing time: 18-03-2026 11:18:25 NEUTRAL CITATION NO. 2026:MPHC-JBP:17291 3 WP-4830-2026 executed by Archana Saket and Sandeep Saket. After completing the inquiry, Inquiry Officer prepared an inquiry report on 8.12.2025 and forwarded the same to the Law and Legislative Department, State of M.P., Bhopal, wherein the Inquiry Officer had recorded a finding that the affidavits executed by Archana Saket dated 16.02.2022 and by Sandeep Saket dated 16.02.2022 were attested by the petitioner and the relevant entries in the notary register were available at Serial No.415 and 414 respectively. The Inquiry Officer has also recorded that before the Inquiry Officer, the petitioner admitted that he attested the affidavits of Archana Saket and Sandeep Saket evidencing their marriage.
6. After receipt of the inquiry report, a show cause notice was issued by the Law and Legislative Department to the petitioner on 11.12.2025 by forwarding the copy of inquiry report and granted him opportunity to submit his explanation. Further a detailed report was called from the Principal District Judge, Rewa by the Law and Legislative Department vide its Communication dated 12.12.2025 and the Principal District Judge issued a direction to the Inquiry Officer to submit a report in respect of the execution of other similar documents by the petitioner. The Inquiry officer issued a notice to the petitioner on 16.12.2025 and summoned all the documents of similar nature attested by the petitioner in last 5 years, however, the same were not produced by the petitioner. A detailed reply of the show cause notice was submitted by the petitioner on 18.12.2025; wherein he admitted that documents at Serial No.414 and 415 were attested by him. He submitted that the affidavits were not drafted by him and the affidavits were not of Signature Not Verified Signed by: TRUPTI GUNJAL Signing time: 18-03-2026 11:18:25 NEUTRAL CITATION NO. 2026:MPHC-JBP:17291 4 WP-4830-2026 performing notarial marriage. He denied the allegations of attestation of notarial marriage on affidavit. He also requested to drop the proceedings on the ground that he is 76 years old and suffering from various diseases along with paralysis.
7 . After consideration of the inquiry report, reply submitted by the petitioner to show cause notice, the Law and Legislative Department, Government of M.P. by order dated 05.01.2026 held the petitioner guilty of attestation of the marriage affidavits and cancelled the certificate of practice as Notary under the provisions of The Notaries Act, 1952 read with The Notaries Rules, 1956. This order is under challenge in the instant petition.
8. Learned counsel appearing on behalf of the petitioner submits that the petitioner is duly empowered to attest the affidavits and by attesting the affidavits of Archana Saket and Sandeep Saket, the petitioner has not violated any provision of The Notaries Act and the Rules thereunder. He duly entered the affidavits in the register and attested them as the affidavits were executed in his presence. He further submits that the action taken by the Law and Legislative Department for removal of name of petitioner from the register of the Notary and cancellation of his certificate to practice as Notary, was illegal, arbitrary and liable to be set aside. No detailed inquiry was conducted in the prescribed manner and, therefore, the licence of petitioner could not be cancelled. He submits that none of the grounds enumerated in section 10(d) of The Notaries Act, 1952 is made out and in a mechanical manner, the order has been passed.
9 . He further submits that the satisfaction of the appropriate Signature Not Verified Signed by: TRUPTI GUNJAL Signing time: 18-03-2026 11:18:25 NEUTRAL CITATION NO. 2026:MPHC-JBP:17291 5 WP-4830-2026 Government has not been recorded that action should be taken against the petitioner and without recording such satisfaction, no order for removal of the name of petitioner from the register of Notaries debarring him from the practice could be passed. Learned counsel prays for quashment of the impugned order dated 05.01.2026.
10. The learned Government Advocate as well as Advocate appearing on behalf of the High Court of M.P. opposed the petition on the ground that the petitioner had no authority to attest the affidavits of notarial marriage and the petitioner has violated the provisions of The Notaries Act and thus the order passed by the appropriate Government is just, proper, legal and not liable to be interfered in this petition. They pray for dismissal of the petition.
11. Arguments advanced by the counsel for parties are considered and the disputed documents i.e. the affidavits of marriage have been examined.
1 2 . Undisputedly, the petitioner, who was performing the work of Notary, attested the affidavits of Archana Saket and Sandeep Saket titled as " ववाहनामा/शपथ-प ". In the affidavit, it is specifically mentioned that they have accepted to live together as husband-wife from the time of execution of affidavit and they are executing this document for the purpose of declaring themselves as husband and wife in the society. It is also mentioned in the affidavit that there is no document available in respect of their marriage, therefore, they are executing this affidavit as deed of marriage. The language of affidavit is unambiguous as by mere reading of the affidavits it appears that the same have been executed and attested for the purpose of performing of notarial marriage by the deponents.
Signature Not Verified Signed by: TRUPTI GUNJAL Signing time: 18-03-2026 11:18:25NEUTRAL CITATION NO. 2026:MPHC-JBP:17291 6 WP-4830-2026 1 3 . The functions of Notaries are described in section 8 of The Notaries Act, 1952, which read as under :-
"8. Functions of notaries.- (1) A notary may do all or any of the following acts by virtue of his office, namely:-
(a) verify, authenticate, certify or attest the execution of any instrument;
(b) present any promissory note, hundi or bill of exchange for acceptance or payment or demand better security;
(c) note or protest the dishonour by non-acceptance or non-
payment of any promissory note, hundi or bill of exchange or protest for better security or prepare acts of honour under the Negotiable Instruments Act, 1881 (XXVI of 1881), or serve notice of such note or protest;
(d) note and draw up ship's protest, boat's protest or protest relating to demurrage and other commercial matters;
(e) administer oath to, or take affidavit from, any person;
(f) prepare bottomry and respondentia bonds, charter parties and other mercantile documents;
(g) prepare, attest or authenticate any instrument intended to take effect in any country or place outside India in such form and language as may conform to the law of the place where such deed is entitled to operate;
(h) translate, and verify the translation of, any document, from one language into another;
1[(ha) act as a Commissioner to record evidence in any civil or criminal trial if so directed by any court or authority;] 1[(hb) act as an arbitrator, mediator or conciliator, if so required;]
(i) any other act which may be prescribed.
(2) No act specified in sub-section (1) shall be deemed to be a notarial act except when it is done by a notary under his signature and official seal."
14. Section 8 of The Notaries Act, 1952 does not empower the Notary to attest any document evidencing the performance of marriage. Deed of marriage cannot be attested in a style of affidavit and if any act of Notary is proved contrary to the provisions of section 8 of The Notaries Act in an inquiry, Rule 13 of The Notaries Rules, 1956 prescribes a procedure for cancellation of certificate of practice and permanent debarring Notary from practice.
Signature Not Verified Signed by: TRUPTI GUNJAL Signing time: 18-03-2026 11:18:25NEUTRAL CITATION NO. 2026:MPHC-JBP:17291 7 WP-4830-2026
15. From perusal of the documents attested by the petitioner, we are satisfied that the said documents were not mere affidavits and documents were attested for the purpose of recording the attestation of marriage of the deponents; whereas the Notary has no authority to attest any deed of marriage, agreement of divorce etc. The performance of a notarial marriage is not a legal marriage in the eye of law and we are satisfied that the petitioner has misused his authority by attesting the document as proof of marriage. The procedure prescribed for inquiry under Rules 13 of The Notaries Rules, 1956 has been complied with. Show cause notice was issued to the petitioner to submits his case. After receipt of reply to show cause notice, the inquiry report, material and the reply were duly considered and, thereafter, the impugned order was passed. Before that a notesheet was written down wherein the satisfaction of competent authority was recorded and thereafter the order of cancellation of licence dated 05.01.2026 was passed.
1 6 . We do not find any infirmity in the procedure adopted by the competent authority. The appropriate Government is empowered to cancel the licence of a Notary and permanently debarring him from practicing as Notary, in case a Notary is found to attest affidavits of performing notarial marriage. No illegality was committed by the respondent no.1 in passing the impugned order. The petitioner himself has admitted the attestation of the documents, which are on record and examined by us also. By attesting the affidavits of marriage, the petitioner has purportedly acted as a marriage officer. The marriage of Hindus is not a contract and, therefore, marriage Signature Not Verified Signed by: TRUPTI GUNJAL Signing time: 18-03-2026 11:18:25 NEUTRAL CITATION NO. 2026:MPHC-JBP:17291 8 WP-4830-2026 cannot be performed by execution of "marriage deed/affidavit". The act of petitioner is contrary to the provisions of law and amounts to misconduct.
17. Consequently, no case for interference is made out. Petition, being sans merit, is hereby dismissed. No order as to costs.
(SANJEEV SACHDEVA) (VINAY SARAF)
CHIEF JUSTICE JUDGE
TG /-
Signature Not Verified
Signed by: TRUPTI GUNJAL
Signing time: 18-03-2026
11:18:25