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IN THE HIGH COURT OF MADHYA PRADESH
C.P. Sen and Y.B. Suryavanshi, JJ.
G.L. Saxena
Vs.
State of Madhya Pradesh and Others
M.P. No. 3181 of 1987 (J.)
Decided On: 03.10.1988
REGISTRATION OF BIRTHS AND DEATHS ACT - CANCELLATION OF DEATH ENTRY - PRINCIPLES OF NATURAL JUSTICE - SHOW CAUSE NOTICE - BURDEN OF PROOF - EVIDENCE - SUCCESSION CERTIFICATE - LOCUS STANDI - PUBLIC INTEREST LITIGATION - FRAUDULENT OR IMPROPER ENTRY - SECTION 15 OF THE ACT - RULE 12(6) OF THE RULES - INTERPRETATION AND APPLICATION.
Fact of the Case:
The petitioner challenged the cancellation of an entry in the Births & Deaths Register relating to the death of his elder brother, Dr. B.L. Saxena, on the grounds that he was not heard before cancellation, the Respondent No. 3 had no authority to cancel the entry made by his superior, the Respondent No. 2, and the Respondent No. 3 has not been duly appointed as Registrar.
Finding of the Court:
The Court held that the impugned order of the Registrar dated 31-8-1987 Annexure-P. 2 is invalid and inoperative and has to be struck down. The Court directed the Respondents to restore the original entry dated 21-11-1983 about the death of Dr. Banshilal Saxena on 8-10-1983.
Issues: 1. Whether the cancellation of the death entry was in violation of the principles of natural justice? 2. Whether the Respondent No. 3 had the authority to cancel the entry made by his superior, the Respondent No. 2? 3. Whether the Respondent No. 3 was duly appointed as Registrar? 4. Whether the Respondent No. 4 had the locus standi to move an application for cancellation of the entry? 5. Whether the entry was fraudulently or improperly made?
Ratio Decidendi: 1. The Court held that there was a violation of the principles of natural justice as no show cause notice was given to the Petitioner before the Registrar passed the impugned order cancelling the entry dated 21-11-1983 regarding the death of his brother on 8-10-1983. 2. The Court held that the Respondent No. 3 had the authority to cancel the entry made by his superior, the Respondent No. 2, as the earlier entry was made by the Respondent No. 3 and not by the Respondent No. 2. 3. The Court held that the Respondent No. 3 was duly appointed as Registrar as all Chief Municipal Officers have been notified to act as Registrars within their local limits. 4. The Court held that the Respondent No. 4 had the locus standi to move an application for cancellation of the entry as he is an Advocate and claims to be a social and political worker and made the application bona fide and to the best of his belief. 5. The Court held that the entry was not fraudulently or improperly made as the Registrar has to be satisfied that the entry was fraudulently or improperly made and the Registrar ought not to have proceeded to maker roving enquiry on the basis of a vague allegation of the Respondent No. 4 that he had suspicion regarding the death of Dr. B.L. Saxena.
Final Decision: The petition was allowed, the impugned orders Annexure-P. 2 & R. VII were quashed and the Respondents were directed to restore the original entry dated 21-11-1983 about the death of Dr. Banshilal Saxena on 8-10-1983.
C.P. Sen, J.
1. In this petition the Petitioner is challenging cancellation of entry at serial No. 359 dated 21-11-1983 in the Births & Deaths Register of the Municipal Council Hoshangabad relating to the death of Petitioner's elder brother Dr. B.L. Saxena on 8-10-1983 who died in the house of his wife at Gwalior in Hoshangabad.
2. Dr. B.L. Saxena was the elder brother of the Petitioner and Shri B. M. Lal, a Judge of this High Court, Dr. Rani Saxena was his wife and she was posted as District Health Officer at Hoshangabad at the relevant time and she died on 27-1-1987. Dr. Saxena was serving in the Medical & Health Department of the State of M. P. having been appointed as Assistant Surgeon in the year 1953. His wife Dr. Rani Saxena was also Assistant Surgeon. In the year 1962-63 Dr. Saxena was posted as Malaria Medical Officer at Dhar and his wife was also posted as Assistant Surgeon in the Main Hospital. Dr. Saxena was prosecuted under Section 161, IPC and under Prevention of Corruption Act, 1954. Dr. Saxena was convicted by the Special Judge in Special Case No. 1/68 and 1/69 and sentenced to rigorous imprisonment for three years. He preferred an appeal in the High Court which was dismissed. He then preferred appeal to the Supreme Court on 18-5-1976 and was released on bail. His younger brother Shri B. M. Lal stood as a surety in the sum of Rs. 5,000/-. At that time Shri Las was a practising Advocate. Conviction of Dr. Saxena was maintained but sentence reduced from 3 years' to 18 months. It appears thereafter Dr. Saxena failed to surrender before Chief Judicial Magistrate, Dhar, and proceeding for forfeiture of the surety bond was taken against Shri B. M. Lal (as he then was). According to affidavit filed in Supreme Court by Shri Lal, after the decision of the Supreme Court, Dr. Saxena had left Hoshangabad and stopped visiting his family. At that time, Dr. Rani Saxena was posted at Hoshangabad. According to him, Dr. Saxena died of cardiac arrest in the house of his wife at Hoshangabad where he had come a few days before his death. He was cremated in the Rajghat at Hoshangabad in the banks of Narmada river on 9-10-1983. The amout of Rs. 5000/- was forfeited by the Chief Judicial Magistrate and appeal was preferred before the Sessions Judge. In the meanwhile, Shri B. M. Lai was elevated as a Judge of this High Court. Respondent No. 4 Mujeeb Qureshi who is a practising Advocate at Dhar and claims to be a social and political worker, filed an application in the Supreme Court for transfer of the appeal of Shri Lal outside the State of M. P. as he happened to be a Judge of the M. P. High Court. The Supreme Court transferred the case to the Seesions Judge, Hyderabad, and the appeal has been allowed and forfeiture of the surety bond set aside. Revision preferred before the Andhra Pradesh High Court was also dismissed. According to the Petitioner, due entry was made about the death of Dr. Saxena in the Rajghat cremation ground register on 9-10-1983. On 11-11-1983 the Petitioner approached the Chief Municipal Officer, Hoshangabad, for the death certificate of his brother Dr. Saxena and he was asked to furnish information as required under Section 8 (1) (a) of the Registration of Births & Deaths Act, 1969, (hereinafter referred to as the Act of 1969;-Accordingly, the Petitioner submitted an affidavit about the death of his brother and then entry was made about the death of Dr. Saxena on 8-10-1983 in the Births & Deaths Register on 21-1 1-1983. The death certificate was issued to the Petitioner.
3. It appears that Shri B. M. Lal, J. sitting with J. S. Verma then Acting Chief Justice, in a division Bench in Nandlal Jaiswal v. State of M. P. 1986 M.P.L.J. 742 decided on 28-3-1986 passed severe strictures against the State Governments about underhand dealings in granting licences under Excise Act. The State went up in appeal before the Supreme Court and it was allowed on 24-10-1986 and all the strictures were expunged by the Supreme Cour
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