Reminder for Formal Complaint Regarding Rejection of Nomination for Election to the Bharuch Branch of ICAI, Non-Compliance with Election Guidelines, and Inaction on Code of Conduct Violations

[CA Jaydipsinh Chauhan]

To,
The Secretary
The Institute of Chartered Accountants of India (ICAI)
ICAI Bhawan, Indraprastha Marg
New Delhi – 110002

Subject: : Formal Complaint Regarding Rejection of Nomination for Election to the Bharuch Branch of ICAI, Non-Compliance with Election Guidelines, and Inaction on Code of Conduct Violations

Dear Sir/Madam,

With utmost respect, I, CA Jaydipsinh Dilipsinh Chauhan, a proud and diligent member of ICAI and a registered voter of the Bharuch Branch under the Western India Regional Council (WIRC), am compelled to bring to your attention serious concerns regarding procedural lapses and non-compliance with ICAI’s election guidelines during the recent election process at the Bharuch Branch.

1. Rejection of My Nomination Without Justification

I had duly submitted my nomination for the position of Committee Member of the Bharuch Branch of WIRC, adhering to all requirements stipulated in the ICAI’s election guidelines. My submission included the prescribed nomination form, requisite fees, and all supporting documents well within the stipulated deadline.

To my shock and dismay, my name was not included in the list of valid nominations displayed on the branch notice board. This exclusion was done without any prior notification, explanation, or opportunity for clarification. Furthermore, as per the Chartered Accountants (Election to the Council) Rules, 2006, and the ICAI Election Code of Conduct, the Returning Officer is mandated to:

• Provide a written communication specifying the grounds for rejection of any nomination.
• Offer the candidate an opportunity to correct any technical error in the nomination.

In my case, neither of these provisions was followed, which amounts to a grave procedural lapse. My repeated attempts to contact the Returning Officer, CA Niraj Surti, through phone calls, emails, and messages, have yielded no response, leaving me with no explanation for the rejection of my nomination.

Even after the Bharuch Branch provided verbal assurance that the Returning Officer would communicate the reasons for rejection through RPAD/Speed Post, no such communication has been received by me to date. This complete lack of transparency and accountability undermines the integrity of the election process and violates the principles enshrined in ICAI’s rules and regulations.

2. Inaction on Complaints of Election Code Violations

On January 12, 2025, I formally filed a complaint with the Returning Officer regarding multiple violations of the Election Code of Conduct by two candidates, CA Sunny Shah and CA Arpan Surati. These complaints were supported with photographic evidence and detailed descriptions of the alleged violations, which included unethical campaigning practices.

Regrettably, to this day, no response has been received from the Returning Officer, and no action has been taken to address the concerns raised. Such disregard for complaints of misconduct and violations of the election code is unacceptable and further raises doubts about the fairness and impartiality of the election process.

3. Breach of ICAI Election Guidelines

It is evident that the Returning Officer, CA Niraj Surti, has failed to comply with the ICAI Election Guidelines and the Chartered Accountants (Election to the Council) Rules, 2006, which govern the proper conduct of elections. The specific lapses include:

• Failing to provide a written justification for the rejection of my nomination.
• Failing to offer an opportunity to rectify any technical errors, as required by the rules.
• Failing to address or respond to formal complaints regarding violations of the Election Code of Conduct.

Such lapses not only violate the fundamental principles of transparency and fairness but also undermine the trust and confidence that members place in ICAI to uphold the integrity of its election processes.

4. Request for Immediate Action

In light of the aforementioned issues, I respectfully request ICAI to intervene promptly and take appropriate measures to address my grievances. Specifically, I seek the following reliefs:

1. A thorough and impartial investigation into the rejection of my nomination, along with the issuance of a written explanation providing the specific grounds for rejection.
2. A response to my complaint dated January 12, 2025, regarding violations of the Election Code of Conduct, along with appropriate action against the candidates found guilty of misconduct.
3. A stay on the installation of the new committee of the Bharuch Branch of ICAI until all concerns and complaints are resolved satisfactorily.
4. The cancellation of the nominations and subsequent election results of the Bharuch Branch, specifically the appointments of CA Sunny Shah and CA Arpan Surati, in light of the unresolved complaints against them.
5. The organization of fresh, fair, and transparent elections for the Bharuch Branch of ICAI to ensure equal opportunity for all eligible candidates and compliance with ICAI’s rules and regulations.

Attachments for Reference

To support my complaint, I am enclosing the following documents:

1. Screenshots and correspondence containing the reasons provided by the Bharuch Branch for the rejection of my nomination (on behalf of the Returning Officer).
2. Complaints filed on January 12, 2025, regarding violations of the Election Code of Conduct by CA Sunny Shah, along with photographic evidence (attachments 2-5).
3. Complaints filed on January 12, 2025, regarding violations of the Election Code of Conduct by CA Arpan Surati, along with photographic evidence (attachments 6-14).
4. A copy of the relevant provisions from the Chartered Accountants (Election to the Council) Rules, 2006, to highlight the non-compliance by the Returning Officer.

Conclusion

The issues highlighted in this letter reflect serious lapses in the administration and conduct of elections at the Bharuch Branch of ICAI. Such instances threaten to erode the trust and confidence of members in the electoral processes of ICAI. I have full faith in ICAI’s commitment to upholding its core values of transparency, fairness, and professionalism, and I am confident that you will take the necessary steps to address these concerns promptly and decisively.

I look forward to your timely response and resolution of this matter.

Thank you for your attention and consideration.

Yours sincerely,
CA Jaydipsinh Dilipsinh Chauhan