VIJENDER SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The Petitioner - Mr. Vijender Sharma who is currently the President of the Respondent No.2 - Institute of Cost Accountants of India has filed the present writ petition seeking extension of his term for the full period of one year till 23/11/2023 as per Sec. 12(3) of the Cost and Works Accountants Act, 1959 (hereinafter, "Cost Accountants Act").

(3.) The brief background is that the Respondent No.2 is constituted under the Cost Accountants Act. The Council under the said Act is defined in Sec. 2 and as per Sec. 9 it is in charge of the day to day management of the affairs and discharge of functions under the Cost Accountants Act. The composition of the Council is of not more than 15 persons who are elected from amongst the fellows of the Respondent No.2 institute. The election is governed by Sec. 10 of the Cost Accountants Act and the duration of the Council is prescribed under Sec. 14. The Council elects the President and Vice-President as per Sec. 12 of the Act and as per Sec. 12(3), the President or the Vice-President is to hold office for a period of one year from the date on which she/he is elected. Sec. 12 and 14 of the Cost Accountants Act are as under: