Dismissing the petition the Court held that ,failure to sign undertaking, to abide by Act, Rules and Regulations had to be viewed as of a serious character and showed that petitioner, in event of being elected, did not intend to comply with Act, Rules and Regulations . Accordingly once statute provides for rejection of nomination for non-compliance with rules 9, 10 and 11, question of petitioner being permitted to contest election did not arise and, therefore, writ petition was to be dismissed .
Kanta Sharma v. Institute of Chartered Accountants of India (2018) 259 Taxman 376 (Delhi)( HC)
Chartered Accountants Act, 1949,
S.10: Failure to append her signatures at places earmarked therefor in nomination form, petitioner’s nomination was rightly rejected by ICAI for non-compliance of statutory rules 9, 10 and 11 of Chartered Accountants (Election to Council) Rules, 2006 and petitioner could not contest election- Petition is dismissed .[ Rules, 9, 10, 11]