ICAI Issues instructions for ICAI December 2021 Elections

Institute of Chartered Accountant of India [ICAI] elections for the 25th Council and 24th Regional Councils are set for December 3rd and 4th, 2021.

As members are aware, the triennial elections for the 25th Council and 24th Regional Councils are set for December 3rd and 4th, 2021 in select cities (with more than 1000 voters), and December 4th, 2021 in other cities.

The election Code of Conduct is in effect and will stay so until the results are announced. It is deemed to be guidelines of the Council under the Chartered Accountants Act, 1949, and each candidate must follow it. Non-compliance with Rule 42 may result in disciplinary action against Institute members under the provisions of the Chartered Accountants Act, 1949, and the Chartered Accountants (Procedure of Investigations of Professional and Other Misconduct Cases) Rules, 2007.

While bringing the aforementioned general ethical and regulatory requirements to the attention of all parties, it was deemed appropriate to include the following Do’s and Don’ts (illustrative and not exhaustive) for the information and guidance of candidates and their supporters/authorized representatives in order to maintain a healthy and peaceful atmosphere during election days and at polling booths.

DO’s

1. A candidate has the right to appear at any polling booth in his constituency, including polling booths outside his district where electors from his regional constituency have been allowed to vote by poll in accordance with Rule 6 sub-rule 2.

2. A candidate may nominate any two individuals as approved representatives for each polling booth, but only one of the two Authorized Representatives may be present at any given time on behalf of the candidate at the specified/specific booth. (Such an authorised representative shall be appointed via a letter of authority, the format of which has been sent to applicants and is also available on www.icai.org.)

3. For the purposes of elections, a distance of 200 metres from the room in which a polling station is put up is treated as a ZERO TOLERANCE ZONE.

4. Provide complete freedom for voters to exercise their right to vote in a zero-tolerance zone, free of any inconvenience or impediment.

DON’T’s

The following actions are strictly prohibited both inside and outside the Zero Tolerance Zone:

1. Overcrowding at the polling station entrance.

2. Setting up a kiosk/stall, tables, seats, a tent/shamiana or pandal by any name, display on vehicles on election days, and similar activities in any way or form.

3. Display of banners, hoardings, and standees, among other things

4. Voter distribution/supply of any gift

5. Within the zero tolerance zone, serving tea/coffee, snacks, and lunch to volunteers, supporters of the candidates, and voters.

6. During polling days, wearing or exhibiting pla-cards, badges, t-shirts, caps, or any other display material indicating the candidate’s name, photograph, or serial/ballot number.

7. Display of banners, distribution/supply of pamphlets/letters/circulars, or any other publicity material, including free distribution of books/calendars/diaries/handouts, in physical form or through electromagnetic/electronic storage devices and the like.

8. Voter intimidation and impersonation, voter transportation, and canvassing in any form or manner, except one-on-one conversation, 24 hours before to the start of polling and on election days.

9. Card distribution within the Zero Tolerance Zone.

10. Persuading or dissuading a voter to vote or not vote.

11. Undue influence — direct or indirect interference or effort to interfere with the free exercise of any electoral right by a candidate or his followers, with the candidate’s connivance.

12. Hiring or procuring a vehicle for the conveyance of voters by a candidate or any other person with the candidate’s connivance, whether on payment or otherwise.

13. Electoral canvassing within the Zero Tolerance Zone.

Although the document is labelled “Instructions for the Purpose of Regulatory Requirements,” I prefer to think of it as an APPEAL to the great profession of Chartered Accountants. I am convinced that the conduct of everyone involved/associated with the election will create an environment that encourages people to go to the polls and vote in a free and fair way without experiencing any trouble.