Ramachandra Menon J.

Does it require any 'wrongful intention or a corrupt motive' in connection with any act/omission, to constitute any delinquency in respect of Section 8 (1) (a) of the Notaries Act to remove the name of a Notary from the Register maintained under Section 4, as provided under Section 10 (d) of the Act, read with Rule 13 (12) (b) of the Notaries Rules 1956, is the primary question. A Notary who is bound to discharge the notarial acts as per the specific provisions of the Act/Rules, if attests an affidavit without signature of the deponent therein, certifying that the deponent had subscribed his/her signature in his presence, will it constitute any misconduct/professional misconduct to be proceeded with, is the specific point to be answered. Whether the law declared by a learned Single Judge of this Court in Mohandas Vs. State of Kerala (2001 (3) KLT 174) that, in order to characterise certain act or omission as misconduct/ professional misconduct, there must be 'wrongful intention or corrupt motive', to be in conformity with the statutory prescription, has been correctly laid down, is yet another question to be answered.

2. This appeal has been preferre