AJITH KUMAR A Vs. THE SECRETARY

JUDGEMENT

(1.) According to the petitioner, he is a fellow member of the Institute of Cost Accountants of India. It is a statutory body constituted in terms of the Cost and Work Accountants Act, 1959. Election to the managing committee of the Thiruvananthapuram Chapter of the Institute is scheduled to be held on 26.5.2019. Petitioner submitted nomination papers for being a candidate to the managing committee. But, alleging that he is a full-time/part-time consultant of the local unit, his nomination paper was rejected. Ext.P5 was submitted by the petitioner intimating that the alleged reasons assigned in the rejection, is baseless. However, Ext.P5 has not been send by the Chairman of the Local Chapter to the 1 st respondent. Thereupon, in terms of Clause 19 (9) of Ext.P4 bye-law constituted for the purpose, petitioner has preferred an appeal before the 3 rd respondent, the Election Officer to conduct the election scheduled. In terms of the provisions contained there under, 3 rd respondent is to forward the application to the 1 st respondent for consideration, which is to be considered by the 1 st respondent, in accordance with law and the terms of the bye-laws, in 7 days from the date of receipt of the appeal. The sole relief sought for by the petitioner is, consideration of Ext.P7 appeal submitted in accordance with law.

(2.) Having regard to the facts and circumstances of the case, and emergent situation, notice to respondents 1 to 3 are dispensed with. There will be a direction to the 1 st respondent to consider Ext.P7 appeal, in accordance with law, and attain finality to the same, at the earliest possible time and at any rate within the period prescribed under the bye-laws.