- (1.) Leave granted. Counsel heard.
(2.) This appeal is being disposed of, by consent, at the stage of granting of special leave in view of the urgency. Appellant 1 is the Institute of Chartered Accountants of India, a body incorporated under the Chartered Accountants Act, 1949 (hereinafter referred to as "the Act"). Appellant 2 is the secretary of appellant 1, Institute. Appellant 1 was formed with the object of regulating the profession of the Chartered Accountants. S. 9 of the Act provides for the constitution of the council of appellant 1, Institute, and prescribes that the affairs of the said Institute shall be managed by the said council which comprises not more than 24 persons elected by the fellows of the Institute and 6 persons nominated by the central government. Ss. (1 of S. 10 of the Act provides that the election of the said council shall be conducted in the prescribed manner. S. 30 of the Act confers powers upon the council to make regulations for the purpose of carrying out the objects of the Act. In exercise of the said powers, the council framed regulations known as "the Chartered Accountants Regulations" (hereinafter referred to as "the Regulations"). Ch. VI of the said Regulations deals with the topic of "elections". Regulation 82 provides that the council shall notify in the Gazette of India, at least three months before the date of an election, the dates fixed for various stages of election of the members of the council, like receipt of nominations, scrutiny of nominations, withdrawal of nominations, polling dates and so on. Regulation 87 (1 provides that the council shall publish in the Gazette of India a notice, setting out the number of members to be elected and calling for nominations of candidates for election by a specified date, at least three months prior to the date of election. Subregulation (2 of Regulation 87 which is the regulation coming up for construction before us reads as follows: "87.(2 The nomination of a candidate shall be (I) in the appropriate form duly signed by the candidate and by the proposer and the second both of whom shall be persons entitled to vote in the election in the relevant regional constituency; and (Ii) forwarded by registered post to the secretary by name so as to reach him not later than 5 p. m. on the specified date: Provided that a nomination delivered against an acknowledgement before the aforesaid time and date shall be deemed to have been so forwarded and so having reached if the secretary is satisfied that the nomination has been duly forwarded by registered post at least 48 hours before the aforesaid time and date. "
(3.) Sub-regulation (3 of Regulation 87 provides inter alia for the contents of the nominations. We are not concerned with the rest of the Regulations for the purpose of this appeal.;