HC Quashes Removal of ICAI Council Member Over Improper Meeting Notice

The petitioner, Gaurav Aggrawal, a member of the Northern India Regional Council (NIRC) of the Institute of Chartered Accountants of India (ICAI), challenged his removal from the Council. The NIRC had informed him via a communication dated November 6, 2025, that his seat had been vacated because he failed to attend three consecutive meetings (the 70th, 71st, and 72nd meetings).

The petitioner contended that the 70th meeting, held on April 15, 2025, was illegally convened as he received the notice less than 24 hours before the meeting. He argued this violated Regulation 142 of the Chartered Accountants Regulations, 1988, which requires at least seven days’ notice for a regional council meeting unless a shorter notice is approved by the members.

Issue Raised: Whether the 70th meeting of the NIRC was validly convened despite the lack of a mandatory seven-day notice, and whether the subsequent vacation of the petitioner’s seat under Regulation 147 (for absence from three consecutive meetings) was legally sustainable.

HC’s Ruling: The Delhi High Court allowed the writ petition. Justice Purushaindra Kumar Kaurav observed that Regulation 142 is mandatory and stipulating a seven-day notice period is a safeguard to ensure effective participation of elected members. The Court found that for the 70th meeting, the notice was issued on April 14 for a meeting on April 15, and there was no evidence that the “shorter notice” was approved by the members as required by the proviso to Regulation 142.

Since the 70th meeting was not “properly convened,” the petitioner’s absence from it could not be counted toward the “three consecutive meetings” required to trigger a vacation of seat under Regulation 147. Consequently, the Court set aside the communication declaring his seat vacant and the notice for the 73rd meeting, restoring the petitioner to his position.

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