Section 12 in The Chartered Accountants (Election to the Council) Rules, 2006
12. Scrutiny of nominations.
(1)The Council shall appoint for each election a Panel for the scrutiny of the nomination papers of all the candidates.(2)The Panel shall consist of three persons of whom one shall be the Returning Officer and the other two shall be persons nominated by the Council, from among the members of the Council referred to in clause (b) of sub-section (2) of Section 9 of the Act, of which one shall be an officer of the Central Government and the other shall not be a member of the Institute, provided that if one or more of such members are not available or are unwilling to act, then any other officer or officers of the Central Government, as the Central Government may nominate for the purpose.(3)A notification containing the names of the members of the Panel shall be issued before the last date for the receipt of nomination for the election for which it is appointed.(4)The term of the Panel shall end with the conclusion of the polling for which it is appointed.(5)The Panel shall have the power to regulate its procedure in such manner as it considers just and expedient.(6)The quorum of the panel for the transaction of its business shall be two.(7)In case a vacancy arises in the Panel by reason of one or more members of the Panel being unable to act for any reason, the vacancy shall be filled up by the Returning Officer from among the members of the Council referred to in clause (b) of sub-section (2) of Section 9 of the Act, provided he is not a member of the Institute, and provided that if one or more of such members are not available or are unwilling to act, then by any other officer or officers of the Central Government, as the Central Government may nominate for the purpose.(8)The Panel shall scrutinize the nomination papers of all the candidates and shall endorse on each nomination paper its decision, whether it accepts or rejects the nomination.(9)The Panel shall record a brief statement of its reasons, if it rejects a nomination.(10)(a)The Panel shall reject a nomination if it is satisfied that : -(i)the candidate was ineligible to stand for election under rule 7; or(ii)the proposer or the seconder was not qualified to subscribe to the nomination of the candidate in the approved Form; or(iii)the signature of the candidate or of the proposer or the seconder is not genuine; or(iv)there has been a failure to comply with the provisions of rule 9, rule 10 or rule 11.(b)The Panel shall not reject a nomination paper on the ground of a technical defect which is not of a substantial character.(c)The rejection of the nomination of a candidate by reason of any irregularity in respect of that nomination shall not be a bar to the acceptance of another nomination submitted under rule 9 and is also valid in respect of the same candidate.(d)If the proposer or a seconder incurs a disability by reason of the operation of the provisions of the Act, Rules or Regulations made thereunder subsequent to the date of signing the nomination, it shall not invalidate the nomination.(11)In a case where the nomination or, if more nominations than one were filed, all the nominations of a candidate has or have been refused or rejected, the Returning Officer shall give notice of the decision of the Panel together with a brief statement of the reason(s) therefore to the candidate concerned by registered/speed post.
