JUDGMENT - M.L. PENDSE, J.:---Rule returnable forthwith.

Shri Tulzapurkar waives service on behalf of the respondents.

Petition is taken up immediately for hearing in view of urgency of the matter.

The Institute of Chartered Accountants of India is a body incorporated under section 3 of the Chartered Accountants Act, 1949, and has been formed with the object of regulating the profession of Chartered Accountants. Respondent No. 2 is the Secretary of the Association. Section 9 of the Act provides for constitution of the Council of the Institute and prescribes that the affairs of the Institute shall be managed by the Council. The Council comprises of not more than 24 persons elected by members of the Institute from amongst the fellows of the Institute and six persons nominated by the Central Government. Sub-section (1) of section 10 provides that election shall be conducted in the prescribed manner. Section 30 of the Act concerns power upon the Council to make regulations for the purpose of carrying out the objects of the Act and in exercise of these powers the Council has framed regulations knows as 'The Chartered Accountants Regulations, 1988', Chapter VI of these Regulations deals with the subject of "Elections". Regulation 82 provides that the Council shall decide and notify in the Gazette of India at least three months before the date of election, the dates fixed for various stages of election of members to the Council. The various stages of election are the last date and time for receipt of nominations, scrutiny of nomination, withdrawal, polling etc. Regulation 87(1) provides that at least 3 months from the date of election, the Council shall publish in the Gazette of India a notice stating the number of members to be elected and calling for nomination of candidates for election by a specified date. Sub-Regulation (2) of Regulation 87 reads as under:---

"(2) the nomination of a candidate shall be-

(i) in the appropriate form duly signed by the candidate and by the proposer and the seconder both of whom shall be persons entitled to vote in the election in the relevant regional constituency; and

(ii) forwarded by registered post to the Secretary by name so as to reach him not later than 5 p.m. on the specified date :

Provided that a nomination delivered against an acknowledgement before the aforesaid time and date shall be deemed to have been so forwarded and so having reached if the Secretary is satisfied that the nomination has been duly forwarded by registered post at least 48 hours before the aforesaid time and date."

2. In accordance with provisions of Regulation 87(1) Notification dated April 10, 1991 was published in the Gazette of India on April 27, 1991 inviting nominations of candidates for election to eight seats of Members of Council. The nominations were to be forwarded to the Secretary so as to reach him not later than 5 p.m. on May 20, 1991. Subsequently, the date was extended to May 21, 1991 and therefore nominations were required to be forwarded before 5.00 p.m. on May 21, 1991. The petitioner, who is resident of Bombay, forwarded his nomination papers duly signed by the petitioner and his proposer and the seconder by registered post acknowledgement due to respondent No. 2 on May 17, 1991. The petitioner forwarded two more nominations on May 18, 1991 by registered post acknowledgement due. The petitioner also gave intimation of forwarding the nomination through a courier and that intimation was received by respondent No. 2 on May 21, 1991. The nominations sent by the petitioner by registered post A.D. reached the Secretary only on May 23, 1991. It is required to be stated at this juncture that due to unfortunate assassination of the former Prime Minister late in the evening on May 21, 1991, the Government of India declared May 22, 1991 as a public holiday and therefore the nomination forwarded by the petitioner reached respondent No. 2 only on May 23, 1991. By letter dated June 3, 1991, a copy of which is annexe

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