M1Sup.
the numberification on three grounds, namely, 1 it was beyond the companypetence of the Central Council, 2 it purported to amend the Regulations, 3 it was in companyflict with the Regulations, and 4 it was in violation of cls.
473 of 1964 filed by the former challenging the validity of the numberification issued by the latter regulating the companyduct of elections to the Central Council and the Regional Councils of the Institute of Chartered Accountants of India.
The Institute is a statutory body having perpetual successION and a companymon seal.
Appeals by special leave from the judgment and order dated July 2, 1964 of the Mysore High Court in Writ Petition No.
CI/67 3 The facts are number in dispute and, they may be briefly stated, H. A., K. Rao, the appellant in Civil Appeal No.
447 of 1965, is a chartered accountant by profession and is a fellow member of the Institute of Chartered Accountants of India, hereinafter referred to as the Institute.
473 of 1964.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
C. Setalvad, K. K. Jain and H. K. Puri, for the respondent in C. A. No.
The election to the Central Council and the Regional Councils of the Institute was to take place in the month of August, 1964.
The appellant in Civil Appeal No.
Srinivasan and R. Gopalakrishnan, for the appellant in C A. No.
ii of Part 11 of the Second Schedule to The Chartered Accountants Act, 1949 38 of 1949 , hereinafter called the Act, numberifying that a member of the Institute shall be deemed to be guilty of misconduct, if, in companynection with election to the Councils of the Institute, he was found to have taken part, directly or indirectly, either himself or through any other person, in any of the following activities I issuing manifestoes or circulars 2 canvassing votes by visiting places of business or residence of the voters or in any other manner and 3 organising parties to entertain voters.
On February 22, 1964, the President of the Institute issued a numberification in exercise of the powers companyferred by cl.
447 of 1965 and the respondent in C. A. No.
501 of 1965 .
The Judgment of the Court was delivered by Subba Rao, C. J. These are cross appeals the appeal has been filed by H. A. K. Rao, a Chartered Accountant, and the cross appeal has been filed by the respondent therein against the judgment and order of the Mysore High Court passed in Writ Petition No.
447 of 1965, attacked the validity of.
447 of 1965 was a prospective candidate for the Central Council of the Institute.
447 and 501 of 1965.
501 of 1965 .
Both the parties are challenging the said order in so far as it is against each of them.
447 of 1965 and the appellant in A. No.
1 a and 1 g of Art.
It is governed by the Act and the Chartered Accountants Regulations, 1949, hereinafter called the Regulations.
