Regulation 134 of the Chartered Accountants Regulations 1988
Regulation 134 of the Chartered Accountants Regulations 1988
Chartered Accountants Regulations, 1988
[Pertaining to Election to the Regional Councils]
[As amended by the Chartered Accountants (Amendment) Regulations, 2012
effective from 1.8.2012 ]
- Elections to the regional councils:
(1) Subject to the other provisions of these regulations, a member whose name is borne on the Register on the 1st day of April of the financial year in which the election to the Regional Council is to take place, shall be eligible to vote for electing the Regional Council for the regional constituency within whose jurisdiction his professional address falls on the said date:
Provided that his name has not been removed from the Register on the date of publication of the list of voters:
Provided further that, if the professional address is not borne on the Register on the relevant date, the residential address borne on the Register shall determine his regional constituency:
Provided also that, in the case of members having his professional address outside India and eligible to vote, his regional constituency shall be determined according to his professional address in India registered immediately before he went abroad or the residential address in India borne on the Register on the relevant date, whichever is later.
(2) Subject to the provisions of this Chapter, a member whose name is borne on the Register on the 1st day of April of the financial year in which the election is held and whose name continues to be on the Register on the last date of scrutiny of nominations, shall be eligible to stand for election to the Regional Council for the regional constituency in which he is eligible to vote:
Provided that no person shall be eligible to stand for election to a Regional Council, if–
(a) he is holding a post under the Central Government or State Government;
(b) he is or has been elected as a member to Regional Council for more than three consecutive terms; or
(c) he is or has been elected as Chairman under Regulation 137.
Provided further that, no person who has been found guilty of any professional or other misconduct and whose name is removed from the Register or has been awarded penalty of fine, shall be eligible to stand for election to a Regional Council:-
(i) in case of misconduct falling under the First Schedule to the Act, for a period of three years;
(ii) in case of misconduct falling under the Second Schedule to the Act, for a period of six years;
from the completion of the period of removal of name from the Register or payment of fine, as the case may be:
Provided also that, no person who has been auditor of the Regional Council shall be eligible to stand for election to a Regional Council for a period of three years after he ceases to be the auditor of that Regional Council.
(3) The number of members to be elected to a Regional Council shall be calculated on the basis of one member for one-half of the number of voters fixed by the Council under rule 8 read with Schedule 3 to the Chartered Accountants (Election to the Council) Rules, 2006 for electing one member to the Council, fractions exceeding one-half being counted as one and fractions equivalent to or less than half being omitted:
Provided however, that there shall be at least five elected members in each Regional Council.
(4) (i) At least three months before the date of election, the Council shall publish, for each regional constituency, a list of members eligible to vote showing distinctly and separately:-
(a) whether the voter is an associate or a fellow;
(b) the address of each member as determined under sub-regulation (1) for deciding the eligibility of the member to vote;
(c) in the case of a voter residing outside India, in addition to his address in India under clause (b), his address outside India if furnished to the Institute by the voter concerned;
(d) details of internet address or e-mail address as furnished by a voter to the Institute, provided an express consent is given by the voter for its inclusion in the list of voters;
(e) the manner in which the voter shall exercise his franchise; and
(f) in case the voter is to exercise his franchise at a polling booth, the number and address of the polling booth, at which the franchise shall be exercised.
(ii) Subject to the provisions of these Regulations, the address of a member published in the list of voters for determining the manner in which he shall be entitled to cast his vote, the constituency and the polling booth to which he shall belong for the purpose of casting his vote, shall be final.
(iii) The inclusion of the name of a member in the list of members eligible to vote shall not confer an absolute right to vote at the election which shall be subject to the other provisions of these Regulations, the Act and the Rules made thereunder.
(iv) The list of members eligible to vote shall be made available at the Headquarters of the Regional Council and its branches on payment of such price as may be fixed by the Council.
(v) An announcement about the availability of the list, shall be put on the website of the Regional Council, Notice Board of the Regional Council, as well as the Notice Board(s) of the branches of the Regional Council, wherever these exist.
(vi) If a clerical mistake or omission is detected in the list of members eligible to vote, the Secretary may rectify such mistake at any time by issue of a suitable corrigendum.
(5) At least three months before the date of election, the Council shall publish, in the Gazette of India, a notice stating the number of members to be elected to a Regional Council and calling for nominations of candidates for election by a specified date, which shall not be less than twenty-one days from the date of publication of the notice.
(6) The nomination of a candidate shall be-
(i) in the form approved by the Council duly signed by the candidate and by one proposer and one seconder both of whom shall be persons entitled to vote in the election in the relevant regional constituency; and
(ii) delivered along with requisite fee(s), security deposit and other papers required for the purpose in the form approved by the Council to the Secretary by name not later than 6 P.M. on the notified date:
Provided that no nomination delivered after the last date and time notified for the election shall be entertained by the Panel for scrutiny of nominations.
(iii) An acknowledgement of delivery shall be issued by the Secretary or by a person authorized by him on receipt of nomination form mentioning the time and date of receipt of nomination form.
(6A) The nomination shall be valid only if it is accompanied by a statement signed and verified by the candidate containing the information called for.
Explanation– For the purpose of this sub-regulation, a valid nomination means a nomination which contains all the particulars called for through the nomination form and incomplete nomination without one or more particulars shall liable to be rejected.
(7) A candidate for election shall pay such fee, as may be fixed by the Council from time to time, which shall not exceed twenty-five thousand rupees irrespective of the number of the nominations.
(7A) A candidate for election, in addition to fee as provided in this Chapter shall pay, irrespective of the number of nominations filed, an amount of ten thousand rupees as security deposit, which shall be forfeited if he fails to secure not less than 1% of the original votes polled in the concerned regional constituency.
(8) Where the number of candidates for election to a Regional Council is less than the number of members to be elected to that Regional Council, the remaining seats may or may not be filled up at the discretion of the Council, and in case the Council decides that the remaining seats be filled up, the same shall be filled up by co-option by the Regional Council, from among the members whose names are borne on the Regional Register, with the prior approval of the Council and the members so co-opted shall hold office until the expiry of the term or the dissolution of the Regional Council whichever is earlier.
(9) Where any dispute arises regarding any election to a Regional Council, the matter shall be referred within thirty days from the date of the declaration of the result of the election, to the President and his decision shall be final.
(9A) At the time of giving his decision, the President may:-
(a) dismiss the application received under sub-regulation (9);
(b) declare the election of all or any of the elected candidates to be void;
(c) declare the election of all or any of the elected candidates to be void and declare the applicant or any other candidate to have been duly elected; or
(d) may pass such order as to costs as he may consider appropriate.
(10) Subject to the provisions contained in this Chapter, the provisions regarding election specified in the Chartered Accountants (Election to the Council) Rules, 2006 shall `mutatis mutandis’ apply to the election to the Regional Councils.
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