In Brief
The Institute of Company Secretaries of India appealed against a High Court order that quashed elections held for the Eastern India Regional Council in December 2021. The election was chaired by a newly elected Chairman after the previous Chairman was disqualified. The High Court had set aside the election, finding it invalid because it was not chaired by the Vice Chairman. The Supreme Court held that Regulation 92(2) applies only to temporary absence, not to vacation of office caused by disqualification. When a post falls vacant under Regulation 117(2), it must be filled by election under Regulation 119(2). The Court also held that only contesting candidates can challenge elections under Regulation 114(4). The appeal was allowed and the election was reinstated.
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