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2018 Supreme(Del) 3060

RAJIV SAHAI ENDLAW
KANTA SHARMA – Appellant
Versus
INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ankur Garg, Mr. Siddharth Sharma and Ms. Shruti Arora, Advs.
For the Respondent: Ms. Pooja Saigal and Mr. Akshay Gupta, Adv.

ORDER :

CM No.43586/2018 in W.P.(C) 11215/2018, CM No.43684/2018 in W.P.(C) 11248/2018 & CM No.43755/2018 in W.P.(C) 11266/2018 (all for exemption)

1. Allowed, subject to just exceptions.

2. The applications are disposed of.

W.P.(C) 11215/2018 & CM No.43585/2018 (for stay), W.P.(C) 11248/2018 & CM No.43683/2018 (for stay) & W.P.(C) 11266/2018.

3. These petitions, though not on the Roster of this Bench, have been received at about 1235 hours in terms of General Direction dated 15th October, 2018 of Hon’ble the Chief Justice, owing to the Roster Bench Judge being on leave.

4. W.P.(C) No.11215/2018, under Article 226 of the Constitution of India, impugns the communication dated 9th October, 2018 of the Returning Officer and Secretary of the respondent No.1 Institute of Chartered Accountants of India (ICAI) to the petitioner, in exercise of powers under Rule 12(10)(a)(iv) of the Chartered Accountants (Election to the Council) Rules, 2006, rejecting the nomination of the petitioner for election to the 24th Central Council of the respondent No.1 ICAI, for the reason of non-compliance with Rule 9(3)(i) of the said Rules.

5. The counsel for the petitioner in W.P.(C) No.11215/2018 contends (i) tha



































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