Composition of Election Tribunal under the Chartered Accountant Act, 1949

## Report on Notification Regarding the Chartered Accountants Election Tribunal **1. Executive Summary:** This report analyzes a notification (S.O. 1199(E)) issued by the Ministry of Corporate Affairs, Government of India, on March 17, 2022. The notification establishes a Tribunal to resolve disputes related to the December 2021 elections for the Council of the Institute of Chartered Accountants of India (ICAI). The Tribunal consists of three members from the Ministry of Law and Justice and the Ministry of Corporate Affairs. This report details the policy's key provisions, target audience, implementation aspects, and expected outcomes based solely on the provided text. **2. Introduction:** This report aims to provide an informative overview of the Ministry of Corporate Affairs' notification regarding the establishment of a Tribunal to address election-related disputes within the ICAI. The analysis is based exclusively on the information contained within the provided notification text. **3. Policy Overview:** * This is a *new policy* establishing a tribunal, rather than an amendment to an existing one. * **Core Objective(s):** The primary objective, as stated in the text, is to decide disputes arising from the December 2021 elections to the Council of the Institute of Chartered Accountants of India, specifically those disputes arising under section 10A of the Chartered Accountants Act, 1949. **4. Background and Rationale:** The policy addresses the likely problem of disputes arising from the election process within the ICAI. The text indicates the existence of Section 10A of the Chartered Accountants Act, 1949, which likely pertains to election-related matters and potential disputes. The establishment of a dedicated Tribunal suggests that a structured and impartial mechanism is deemed necessary to resolve such conflicts effectively. **5. Key Provisions / Changes:** Since this is a new policy establishing a tribunal, the key provisions are: * **Establishment of the Tribunal:** The notification formally establishes a Tribunal. * **Jurisdiction:** The Tribunal's jurisdiction is limited to deciding disputes related to the December 2021 elections to the Council of the ICAI arising under section 10A of the Chartered Accountants Act, 1949. * **Composition of the Tribunal:** The Tribunal comprises three members: * Shri R S Verma (Presiding Officer): Additional Secretary, Ministry of Law and Justice, Department of Legal Affairs. * Ms. Nandita Mishra (Member): Economic Adviser, Ministry of Corporate Affairs. * Shri Sanjay Shorey (Member): Director, Legal and Prosecution, Ministry of Corporate Affairs. * **Effective Date:** The notification comes into force on the date of its publication in the Official Gazette (March 17, 2022). **6. Target Audience and Stakeholders:** The primary target audience and stakeholders are: * The Institute of Chartered Accountants of India (ICAI) and its members. * Candidates who participated in the December 2021 elections for the ICAI Council. * Individuals or entities with disputes related to the said elections under section 10A of the Chartered Accountants Act, 1949. * The Ministry of Corporate Affairs and the Ministry of Law and Justice. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** * Ministry of Corporate Affairs (issuing authority). * The established Tribunal. * Ministry of Law and Justice (represented by the Presiding Officer). * **Timelines/Procedures:** While the notification establishes the Tribunal, it doesn't explicitly detail the procedures for filing disputes or the timelines for resolution. These procedures are likely governed by the Chartered Accountants Election Tribunal Rules, 2006, referenced in the notification, and other relevant regulations. The disputes must arise under section 10A of the Chartered Accountants Act, 1949. **8. Expected Outcomes / Impact of Changes:** The intended outcomes of establishing the Tribunal are: * A dedicated and impartial mechanism for resolving disputes related to the December 2021 ICAI Council elections. * Fair and efficient adjudication of election-related conflicts. * Increased transparency and confidence in the ICAI election process. * Upholding the integrity of the Chartered Accountants Act, 1949 and the Chartered Accountants Election Tribunal Rules, 2006. **9. Conclusion:** The Ministry of Corporate Affairs' notification establishing the Chartered Accountants Election Tribunal is a significant step towards ensuring a fair and transparent resolution of disputes arising from the December 2021 ICAI Council elections. The establishment of this Tribunal, composed of experienced officials, underscores the government's commitment to maintaining the integrity of the ICAI and its electoral processes. The policy's significance lies in providing a structured avenue for addressing election-related grievances and fostering confidence among ICAI members.

Key Entities Referenced