Elections – 2009 (30th December, 2009)
To:
1. All candidates and/or their authorized representatives present in the Counting Centre
2. To be hosted on Institute’s website.
This refers to the written objections received, amongst others, on need for verification of signatures and bulk posting allegedly made.
In the course of dealing with the above objections and disposing of the postal ballot papers received from the Central India Regional Constituency (both for the 21st Council and 20th Regional Council), the following decision, amongst others, has been taken under Rule 39 (reproduced below) for disregarding the postal envelopes received:
Ballot papers which are consecutively posted and for which clear cut evidence is available in the postal receipt/envelope itself are treated as bulk posting in the context of Clause (4) of Schedule 7 to the Chartered Accountants (Election to the Council) Rules, 2006 (reproduced hereunder), the objective of which is to prevent misuse of postal ballots by persons other than the bonafide voters and in the light of the election dispute case settled by the Election Tribunal in the past.
Clause 4, Schedule 7
“The Returning Officer shall disregard all covers containing the voting papers relating to two or more members and posted in one and the same envelope.”
Rule 39
“Returning Officer to decide on certain matters. – If any question pertaining to or incidental to the procedure for conduct of elections including matters not specifically covered by these rules, arises, it shall be decided by the Returning Officer or the officer authorized by him under these rules.
Explanation: For the purpose of this rule , the conduct of election shall also include the process of counting of votes and declaration of results.”
( T. KARTHIKEYAN )
Returning Officer and Secretary
Link: http://www.icai.org/resource_file/17745announ301209.pdf
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