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Union of India - Section

Section 16 in The Chartered Accountants (Election to the Council) Rules, 2006

16. Election Code of Conduct.

(1)With a view to maintain a healthy and peaceful atmosphere during the election process for ensuring a free and fair election, the Returning Officer, shall issue a Election Code of Conduct for candidates, as approved by the Council before issue of notification under sub-rule (2) of rule 4, and which shall be published on the web-site of the Institute.
(2)The Election Code of Conduct shall contain instructions and norms to be followed by candidates and their authorized representatives appointed under these Rules during the entire election process including at the polling booth and counting centre.
(3)The Election Code of Conduct shall come into force from the date of issue of notification under sub-rule (2) of rule 4.
(4)The Election Code is deemed to be a guideline of the Council under item (1) of Part II of the Second Schedule of the Act and it is obligatory for each candidate to comply with the Election Code of Conduct.
(5)[ The Council shall appoint a Panel for enforcement of Election Code of Conduct consisting of Returning Officer and two other officers either from the Ministry of Corporate Affairs or from the Election Commission of India or from any other Ministry or Department of the Central Government.
(6)Immediately upon receipt of a complaint either by post or e-mail alleging violation of the Election Code of Conduct, the Returning Officer shall forward a copy of the complaint to the member against whom the complaint has been made asking him to submit his written statement within seven days of the receipt of the said complaint by him.
(7)On receipt of written statement, the Returning Officer shall place the complaint and written statement along with additional documents if any, before the Panel for its consideration.Provided that if the written statement is not submitted, within seven days, by the member against whom complaint has been made, the Returning Officer shall presume that the member has nothing to state and take further action as per this rule.
(8)On consideration of the complaint and written statement of the member if any, if the Panel is of the view that the member has violated any one or more provisions of the Election Code of Conduct or rule 42, it shall refer the complaint along with its opinion to the Director (Discipline) for further investigation.
(9)The Panel shall have power to regulate its procedure:Provided that the complaint referred above shall be disposed of by the Panel within fifteen days from the date of its receipt by the Panel.] [Inserted by Notification No. G.S.R. 796(E), dated 23.8.2018 (w.e.f. 5.9.2006).]