Guidelines for filling Nomination Form by Candidates

GUIDELINES FOR FILLING NOMINATION FORM BY CANDIDATES SEEKING BYE-ELECTION TO THE TWENTY-FIFTH COUNCIL FROM WESTERN INDIA REGIONAL CONSTITUENCY

While filling the nomination form for bye-election to the Council, the following points/aspects may particularly be kept in view:-

1. The nomination should be strictly in the Form of Nomination approved by the Council (as annexed
   hereto).
   
2. The annexed form of nomination shall be used for filing the nomination. Extra copies of the Form
   can be obtained from the office of the Institute at New Delhi as well as from the decentralised office at Mumbai and major Branches of Western India Regional Council at Ahmedabad, Nagpur, Pune, Surat, Thane and Vadodara on written request. Photocopies of this Form can also be used. The Form can also be downloaded from the Institute’s WEBSITE (please also see Guideline 15 below).
   
3. Nominations have been invited by Notification No.54-Bye-EL(f)/3/2022 dated 15th June, 2022 published in Part I11 Section 4 of the Gazette of India (Extraordinary) dated 15th June, 2022. As stated therein, the nomination forms can be obtained w.e.f. 15th June, 2022 from the aforementioned offices and branches of the Institute. The nomination forms will be accepted by the Secretary and Returning Officer at the headquarters of the Institute at ICAI Bhawan, Indraprastha Marg, New Delhi – If 0 002 only, with effect from the said date.
   
4. The names and professional addresses of the candidate, the proposer and the seconder must be given in full, as they appear in the List of Voters for bye-election to the Twenty Fifth Council. In
   the event of a change in the professional address as published in the List of Voters, candidate may intimate such subsequent change to the Secretary by name (provided the same has also been updated at the Self Service Portal (SSP) of the Institute) which will be treated as additional address for the limited purpose of sending Institute’s communication(s) to such a candidate (besides the professional address as published in the List of Voters).
   
5. The use of qualifications e.g. A.C.A/F.C.A. after the names of the candidate, the proposer and the
   seconder should be avoided.
   
6. In terms of the Chartered Accountants (Election to the Council) Rules, 2006, the maximum number of nominations that can be submitted by a candidate is only ten. In the event of receipt of more than ten nominations within the specified date and time, the first ten nominations determined, on the basis of date and time of receipt, would only be taken into consideration.
   
7. All corrections and over typings in the Nomination Form should be invariably initialed only by the
   Candidate.
   
8. With regard to the requirement of photograph as per the annexure to the nomination form, 2 copies of identical and recent passport size coloured photograph are required. One of them may be pasted on the right hand top corner of the annexure to the form and the other sent with the nomination form. Please write your name and membership number legibly at the back of thesecond copy of the photograph.
   
9. As per the requirement of rule 10 of the Chartered Accountants (Election to the Council) Rules, 2006, a candidate is required to pay a fee for election of Rs.25,000/- (Rupees twenty five thousand only). It may be noted that fifty percent of the fee for election paid is refundable in respect of a candidate whose nomination has been held to be invalid.
   
10. Rule 11 of the Chartered Accountants (Election to the Council) Rules, 2006 requires a candidate to pay a security deposit of Rs.20,000/-. It may be noted that the full deposit money shall be forfeited, if a candidate fails to secure not less than 2% of the original votes polled in the concerned regional constituency. Under the Chartered Accountants (Election to the Council) Rules, 2006, original vote in regard to any candidate means a vote derived from a ballot paper on which a first preference is recorded for such candidate.
    
11. A candidate who withdraws his candidature, within the date and time specified for the purpose i.e., 6.00 P.M., Monday, the 25th July, 2022 is entitled to the refund of fifty percent of fee of election paid and the full security deposit.
    
12. For the sake of convenience, both the fee for bye-election and security deposit may be paid (composite amount) by way of only one demand draft. The fee for bye-election and security deposit can also be paid through two different demand drafts.
    
13. The nomination/s, together with a composite Demand Draft for Rs.45,000/- (Rupees forty five thousand only) (as aforementioned) payable at lVew Delhi and drawn in favour of the Secretary, The Institute of Chartered Accountants of India (by designation) should be delivered either by speed post or registered post or ordinary post or courier or hand to the Secretary and Returning Officer by name (CA. (Dr.) Jai Kumar Batra) at ICAI Bhawan, Indraprastha Marg, New Delhi – 110 002 not later than 6.00 P.M. on Thursday, the 7th July, 2022. It should therefore be noted that receipt of the nomination by the Secretary and Returning Officer within the aforesaid time and date is absolutely essential. For the purpose of accepting the nomination/s delivered in person, i.e., hand delivery mode, designated officer/s is/are available at Room No.102 in the Ground Floor of the Main Building of the Headquarters of the Institute at ICAI Bhawan, Indraprastha Marg, New Delhi – 110 002. Those, who prefer to deliver the nomination against hand delivery, are required to submit the same only in the aforementioned Room against an acknowledgement.
    
14. It may also be noted that since under the Chartered Accountants (Election to the Council) Rules, 2006, remittance of Rs.45,000/- by Demand Draft’is sufficient towards (both) fee for bye-election and security deposit, it should be ensured that atleast one of the nomination forms together with a Demand Draft for Rs.45,000/- as aforesaid is delivered at New Delhi within the specified date and time. For removal of doubt, it is clarified that even if a candidate might send more than one nomination for consideration (including through e-mail mode), if at least one such nomination in hard copy form together with a Demand Draft for Rs.45,000/- as aforesaid does not reach the Secretary and Returning Officer at New Delhi within the specified date and time, all the other nominations (received in time but without the Demand Draft, as aforesaid) are liable to be rejected.
    
15. For the convenience and benefit of members, a specimen nomination form has been made available on the Institute’s website http://www.icai.org/post/bye-election-2022 with downloading facility. However, in the event of using such a downloaded form, it shall be the responsibility of the candidate concerned to ensure that the same conforms in all respect with the Form approved by the Council which is annexed hereto. It may be noted that if only one nomination form is submitted and that too, through electronic mode, the same is liable to be rejected unless the hard copy of the same together with a remittance of Rs. 45,000/- is received within the specified time and date as aforementioned.
    
16. Candidates are required to ensure compliance of the various provisions of the said Rules as applicable to various stages of bye-election commencing from 15th June, 2022.
    
17. Candidates are advised to provide applicable particulars in respect of all columns of the form in their own interest. Wherever, any column is not applicable, candidates may state “Nill’/”Not Applicablel’/”N.A.”.

FORM OF NOMINATION

Also Read: 

• Notification about the sale of list of voters
• Code of Conduct For Bye-election to the 25th Council

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