Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Company Secretaries Regulations EIRC it fell vacant in terms of r117(2) 1982: rr. 92 117 and 119 – Elections for the office bearers of EIRC – Meeting was required to be chaired by the Chairman however he was disqualified to hold his office and thus |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Company Secretaries Regulations, 1982: rr. 92, 117 and 119 – Elections for the office bearers of EIRC – Meeting was required to be chaired by the Chairman, EIRC, however, he was disqualified to hold his office and thus, it fell vacant in terms of r. 117(2) – It was required to be filled in for the remaining period in terms of Regn 119(2) – Contesting respondent as Vice Chairman of the Institute was allowed to chair the meeting for the limited purpose of election to the post of Chairman for the remaining period in terms of Regn. 119(2) – Respondent disrupted the meeting, and for the election of the chairman for the remaining period, the members appointed respondent no. 3 to chair the said item – Elections took place and respondent no. 3 was duly elected as Chairman for the remaining period – High Court quashed the election of the office bearers of the Regional Council on the ground that the meeting was not presided over by the Vice Chairman – On appeal, held: It was a case of vacation of office of the Chairman and not mere absence – Regn. 119 states that in case of vacancy of the Chairman, Vice Chairman, Secretary and Treasurer, the Regional Council shall elect another person from amongst its members to hold the office for the remaining period of a year – Regn. 92(2) shall be applicable only in a case of absence and not in a case where the post of Chairman and/or office bearer has fallen vacant – Thus, in case of a vacation of office as per Regn. 117(2), such post fallen vacant is required to be filled in by election by electing another person from amongst its members to hold the office for the remaining period of a year – Single Judge as well as the Division Bench of the High Court erred in misinterpreting Regn. 92(2) and Regn. 117 rw Regn. 119(2) – Thus, the election of respondent no. 3 as chairman rightly held and he rightly presided the meeting – High Court erred in quashing and setting aside the election. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 1179 |
Petitioner | Institute Of Company Secretaries Of India |
Respondent | Biman Debnath & Ors. |
SCR | [2022] 15 S.C.R. 616 |
Judgement Date | 2022-11-17 |
Case Number | 8039 |
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