As the date for the CIRC elections 2012 for the
Central and Regional Councils nears, it is necessary for us either as voters or
candidates to bear in mind the Election Code of Conduct/procedure prescribed by
the Election cell of the ICAI.
The code of conduct/procedures is
applicable to both the candidates and voters and does not allow
any person other than the candidate to either mail or SMS etc.
to make an appeal for any particular candidate. The candidates themselves are
however allowed to make repeated appeals to the voters by the modes
prescribed.
Recently The Bombay Chartered Accountants'
Society conducted a Panel Discussion on "ICAI Election and Governance -
Members expectations and duties" on 28th November 2012. The panel
consisted of Mr Arvind H. Dalal, Mr Y. M. Kale, and Mr Jayant P. Gokhale,
Chartered Accountants moderated by Mr Shariq Contractor, Chartered Accountant.
The video recording of the same has been uploaded on the BCAS Web TV. This video
is available free to all viewers. To go directly to the video please click here. (ctrl+click
to go to the video).
Some relevant extracts of the clarifications
provided by the Election Cell are as under:
ELECTION
2012
Questions/Queries received and clarifications provided
by the Election Cell on Election Code of
Conduct/Procedure
The queries generally received by the
Election Cell of the Institute along with the replies given, without disclosing
the identity of the querist is given hereunder for general information of
candidates and voters:
|
S.No.
|
Query
|
Reply
|
|
18.
|
Whether a manifesto
or circular or appeal including SMS issued/repeated by any person
other than the candidate himself would be considered as violation
of Code?
|
Yes
|
|
20
|
Can a candidate
moderate any yahoo group?
|
No
|
|
21
|
Can a candidate give answer to any query
of members either through email or yahoo group?
|
No. Nothing can be undertaken so as to
be
conspicuously drawing attention to
oneself.
|
|
22
|
Can a candidate share important
information (not related to election) with members
through email or SMS?
|
If the information is in the nature of
knowledge sharing alone, without espousing one’s candidature and
such information has in normal course been shared
by such individuals and not necessarily flowing
during election code of conduct
only.
|
|
|
| |
|
|
|
|
As regards action against violation,
what is provided under the relevant Rule is treating of any alleged violation as
a non-compliance of Council Guideline and accordingly referring the matter for
investigation/examination by the Disciplinary Directorate, in terms of the
disciplinary framework provided under the Chartered Accountants Act, 1949 and
the applicable Rules framed there under.
In order to have an effective delivery of justice, receipt of evidence
along with complaint/information would go a long way. While referral of the alleged violation
for investigation is a requirement of law, however, the most critical part of
conduct of any election is the moral binding on the part of membership at
large. In other words,
non-participation in any of the event(s) which is violative of the Election Code
of Conduct itself is not only a Great Service to the Profession but also a
Respect to the Election Code framed by the Council, which is mandated to govern
the Profession. Cooperation of candidates and members is sincerely solicited so
as to maintain dignity and image of the profession.
* * * *
Attached files are also available on www.icai.org
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