ELECTION 2009- ANNOUNCEMENT- 12th November, 2009
Attention : Overseas Members permitted to Vote by Post
Last date and time for receipt back of recorded ballot Papers in New Delhi – 5.00 pm on 17th December, 2009]
[Permitted mode of dispatch – only by Speed Post, or Registered Post or Ordinary Post]
Queries are being received from voters entitled to vote by post, especially on behalf of overseas voters, about the procedure to be followed, the manner in which the vote is required to be recorded, the manner in which the recorded ballot papers are to be returned, the last date and time by which the ballot papers should reach the Returning Officer at New Delhi, India, and the safeguards to be taken for ensuring that the ballot papers are treated as valid.
In this regard, it may be mentioned that the voters allowed to vote by post will receive a detailed letter, in terms of the applicable provisions of the Chartered Accountants (Election to the Council) Rules, 2006 read with Regulation 134(10) of the Chartered Accountants Regulations, 1988, containing the minute details to be followed in respect of the above mentioned matters, alongwith the relevant ballot papers and other materials. Voters are required to carefully go through the same and accordingly proceed further so that the franchise exercised effectively become a fruitful one. For your ready reference, we give below the highlights of the instructions to be followed and the safeguards required to be taken.
(a) The manner in which the Vote be recorded
While recording the vote(s), the voter –
It may be noted that the cover containing ballot papers which is not recorded in the manner specified hereinabove, shall not be taken into consideration in the counting of votes.
(b) The manner in which the recorded ballot papers be returned
The blank ballot paper(s) received are required to be returned by the voter, after recording his vote, only in the following manner:-
It may be noted that the cover containing recorded ballot papers not returned in the manner and within time limit specified hereinabove, shall not be taken into consideration in the counting of votes.
(c) The last date and hour/time by which the ballot papers are to reach the Returning Officer.
It may be noted that if the cover containing recorded ballot papers and declaration forms does not reach in the specified manner on or before 5.00 p.m. on 17th December, 2009 the same shall also be not taken into consideration in the counting of votes.
In the past, certain errors committed by voters while recording and returning the ballot papers have been observed, and such errors had become the basis/ground for regarding such ballot papers as invalid. For your ready reference, we give below certain grounds/circumstances, besides the conditions specified in the preceding paragraphs, under which a ballot paper shall be held as invalid or disregarded in terms of the provisions of the said Rules:-
To be held as invalid, if
(i) a voter signs his name or writes any other word or figure upon it or makes any mark including a tick ( Ö )/cross (´) not being a mark of `x’ put under para (a) above upon it by which the ballot paper becomes recognisable or by which the voter can be identified; or
(ii) it is not printed by or under the authority of the Council or it is different in any manner from the ballot paper printed and supplied to a voter; or
(iii) number 1 (in Arabic or Roman numerals or in words) is not marked on it; or
(iv) number 1 (in Arabic or Roman numerals or in words) is set opposite the name(s) of more than one candidate; or
(v) number 1 (in Arabic or Roman numerals or in words) and some other numbers are put opposite the name of the same candidate; or
(vi) it is unmarked or the marks made are void or cannot be unambiguously determined; or
(vii) it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established.
To be disregarded, if–
It may be noted that in terms of the said Rules, any act in regard to the postal ballot which in any manner could be construed as unfair or improper, might become a subject matter of disciplinary action under item (2) of Part IV of the First Schedule to the Chartered Accountants Act, 1949.
It may please be noted that the voters go only by the instructions given in the individual letter sent to them and not to adhere to any advice received/views expressed by anyone else for which the Returning Officer shall not assume any responsibility.
Returning Officer & Secretary