establishment of ET for the 26th council of ICAI

## Report on Notification Regarding Chartered Accountants Election Tribunal **1. Executive Summary:** This report analyzes a notification (G.S.R. 238E) issued by the Ministry of Corporate Affairs, Government of India, on April 17, 2025. The notification establishes a Tribunal to resolve disputes related to the December 2024 elections to the Council of the Institute of Chartered Accountants of India (ICAI). The key finding is the formal constitution of a specific three-member tribunal with named individuals and their official affiliations. **2. Introduction:** This report aims to provide information regarding a notification published in the Gazette of India, specifically concerning the establishment of a tribunal for election dispute resolution within the Institute of Chartered Accountants of India (ICAI). The analysis is based solely on the provided text of the notification. **3. Policy Overview:** * This is a *new* policy establishing a specific tribunal. * Core Objective: To establish a tribunal to decide disputes arising from the election to the Council of the Institute of Chartered Accountants of India, specifically the December 2024 election. **4. Background and Rationale:** The notification addresses a need for a formal mechanism to resolve disputes arising from the election process within the ICAI. This suggests that disputes may arise that require adjudication by a neutral body. The reference to Section 10A of the Chartered Accountants Act, 1949 and Rule 3 of the Chartered Accountants Election Tribunal Rules, 2006 indicates this tribunal is being established according to pre-existing legal frameworks that outline the conditions for such a body. **5. Key Provisions / Changes:** Since this is a *new* policy establishing a tribunal, the following are the main components as mandated by the provided text: * **Establishment of Tribunal:** The core provision is the formal establishment of a tribunal. * **Purpose:** The tribunal's purpose is explicitly defined: to decide disputes referred to it under section 10A of the Chartered Accountants Act, 1949, specifically concerning the December 2024 election to the Council of the ICAI. * **Composition:** The notification names the individuals who will constitute the tribunal: * Ms. Anju Rathi Rana, Presiding Officer (Secretary, Ministry of Law and Justice, Department of Legal Affairs) * Ms. S Meenakshi, Member (Official Liquidator) * Shri Sanjay Shorey, Member (Director General of Corporate Affairs) * **Legal Basis:** The establishment is based on the powers conferred by subsection 1 of section 10B of the Chartered Accountants Act, 1949 and rule 3 of the Chartered Accountants Election Tribunal Rules, 2006. * **Effective Date:** The notification will come into force from the date of its publication in the Official Gazette (April 17, 2025). **6. Target Audience and Stakeholders:** The primary stakeholders directly affected by this notification include: * **Members of the Institute of Chartered Accountants of India (ICAI):** Especially those involved in or affected by the December 2024 election to the Council. * **Candidates in the December 2024 ICAI Council election:** Those who may have disputes regarding the election process or results. * **The Individuals appointed to the Tribunal:** As they now hold specific responsibilities. * **The Ministry of Corporate Affairs:** Responsible for overseeing the ICAI and ensuring fair election processes. **7. Implementation Aspects (Inferred):** * **Responsible Agency:** The Ministry of Corporate Affairs is the responsible agency, issuing the notification. * **Tribunal Members:** The named individuals are responsible for adjudicating disputes. * **Procedures:** While the specific procedures for dispute resolution are not detailed in this text, the notification refers to the Chartered Accountants Act, 1949 and the Chartered Accountants Election Tribunal Rules, 2006, which likely outline the processes the tribunal will follow. Disputes must be submitted to the tribunal based on Section 10A. * **Timeline:** The tribunal is specifically established to address disputes from the December 2024 election, implying a defined period of operation to resolve those disputes. **8. Expected Outcomes / Impact of Changes:** The likely intended outcomes of this notification are: * **Fair and Impartial Dispute Resolution:** To provide a fair and impartial forum for resolving disputes related to the ICAI Council election. * **Increased Confidence in Election Process:** To enhance the credibility and transparency of the ICAI election process. * **Timely Resolution of Disputes:** To ensure that election-related disputes are resolved in a timely manner, preventing prolonged uncertainty within the ICAI. * **Adherence to Legal Framework:** Ensuring actions are pursuant to the Chartered Accountants Act and related rules **9. Conclusion:** The notification (G.S.R. 238E) is a significant step in establishing a formal mechanism for resolving election-related disputes within the Institute of Chartered Accountants of India. The constitution of a dedicated tribunal with named individuals underscores the importance of ensuring fair and transparent election processes. This action is significant for maintaining the integrity of the ICAI and upholding the confidence of its members in the governance of the institute.

Key Entities Referenced