Delhi High Court - Orders
Rupanjana De, Membership Number Fcs ... vs The Institute Of Company Secretaries Of ... on 30 March, 2026
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 450/2019
RUPANJANA DE, MEMBERSHIP NUMBER FCS 7530 & ANR
.....Petitioners
Through: None.
versus
THE INSTITUTE OF COMPANY SECRETARIES OF INDIA &
ANR .....Respondents
Through: Mr. Sandeep Chatterjee, Mr. Gaurav
Tandon & Mr. Sahil, Advs. (M:
9911558224)
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE MADHU JAIN
ORDER
% 30.03.2026
1. This hearing has been done through hybrid mode. CM APPL. 20212/2026 in W.P.(C) 450/2019
2. The present application has been filed by the Respondent No. 1 - Institute of Company Secretaries of India under Section 151 of the Code of Civil Procedure, 1908, inter alia, seeking de-sealing of the election records of the 13th Council of Eastern Region of the Institute of Company Secretaries of India.
3. The brief background of the present case is that one Ms. Rupanjana De, who was a member of the Institute of Company Secretaries of India (hereinafter, 'ICSI'), has challenged the elections to the 13th Council of Eastern Region of the Institute of Company Secretaries of India. In the said challenge which was filed through W.P.(C) 450/2019, the following order This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/04/2026 at 20:59:21 dated 18th January, 2019 was passed:
" The petitioners challenge the declaration of results in the recently concluded elections of the Institute of Company Secretaries of India (ICSI). Various allegations were made by the petitioners with respect to the irregularities in the elections, especially the counting of ballots and the attribution of votes to one or the other candidates.
At the outset, learned counsel appearing for the Institute pointed out that the remedy of seeking resolution of election dispute, through a reference to an Election Tribunal under Section 10A of the Company Secretaries Act, 1980 is available and that the petitioners have in fact invoked it through an e-mail dated 10.01.2019. Learned counsel also stated that the institute has forwarded the petitioner's request and that an Election Tribunal would be constituted.
Having regard to the submissions made, this Court is of the opinion that the nature of dispute and the grievance articulated are not capable of resolution in a writ petition. At the same time, to ensure fairness, Shri Shekhar Kumar, Advocate (Mob.No.971008884) is appointed as a Commissioner to forthwith visit the premises of the Institute (preferably within three days) and ensure that the votes cast are appropriately sealed and secured, so that the material is available at the stage when the election dispute is tried by the Tribunal. The fees of the Commissioner is fixed at 50,000/- to be paid by the Institute.
The writ petition is disposed of in the above terms. Order dasti."
4. Ld. Counsel for Respondent No. 1 submits that the records of the said elections are still lying sealed. Ld. Counsel has further pointed out that vide order dated 28th August, 2024 passed by the Tribunal for Deciding the Election Dispute to the 13th Council of the Institute of Company Secretaries This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/04/2026 at 20:59:21 of India (hereinafter, 'Tribunal'), the said Petitioner has herself withdrawn the election dispute. Hence, the prayer is for desealing of the records.
5. The Court has considered and perused the record. The order dated 28th August, 2024 passed by the tribunal reads as under:
"An application dated 27.12.2018 was filed by CS Rupanjana De raising election dispute against the above-named Respondent(s) in respect of election to the 13th Council of the Institute from Eastern India Regional Constituency held in December, 2018. Further, the Returning Officer filed his comments dated 30.07.2019.
xxxxx On the appointed date and time of hearing, the petitioner has submitted that she is presently serving as the Council Member of the, Institute from Eastern India Regional Constituency. The petitioner submitted that she did not come across any irregularity in the - process of Election held during 14th Council of ICSI. The petitioner further stated that since tenure of 13th Council has already ended on 18.01.2023, thus, no useful purpose will be served by continuing the application for Election Dispute pertaining to 13th Council for which the election was held on December, 2018. Hence, the petitioner has prayed for withdrawal of the above said Election Dispute.
We have heard and considered submissions of both the parties. In view of the application made by the petitioner in her email dated 20th January, 2024 and also during the hearing that she wants to withdraw the Election Dispute. In view of this, the Tribunal has allowed the withdrawal application and disposed off this Election Petition without any order as to costs."
6. In view of the fact that the election dispute has itself been resolved and the tenure of the 13th Council of the Institute of Company Secretaries of India This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/04/2026 at 20:59:21 has also come to an end, the election records which were sealed by the ld. Local Commissioner are permitted to be desealed. The same shall, however, be in the custody of ICSI.
7. Application is disposed of.
PRATHIBA M. SINGH, J.
MADHU JAIN, J.
MARCH 30, 2026 dj/ck This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/04/2026 at 20:59:21