MCA notifies amendment allowing E-Voting to ICSI Council Elections [Read Notification]

The Ministry of Corporate Affairs has notified the amendments in rules regarding election to the Council of Institute of Company Secretaries of India (ICSI) allowing electronic means of voting.

The notification was published in the Gazette on 8th December 2022, effective immediately.

In the Company Secretaries (Election to the Council) Rules, 2006, in the Rule 2(1)(b), instead of, “form approved,”, the words, “form including electronic form approved” were substituted, signifying the approval of electronic form of voting.

The approval of the e-voting were also significantly reflected by way of the insertion of the following after Rule 2(1)(b):–

(ba) “ballot paper” means paper in printed form or in electronic mode for the purpose of casting of vote;

(bb) “Electronic Voting Platform” means a secured electronic platform used for the purpose of voting, including portal or application or combination of any of the electronic system or software as approved by the Council.

(bc) “voting” means casting of vote by physical mode or electronic mode;

(bd) “Voting by physical mode” means voting through printed ballot paper at designated polling booth or through postal means;

(be) “Voting by electronic mode” means remote electronic voting or voting at polling booth through any electronic voting platform;

(bf) “polling booth” means a booth designated for the purpose of voting;

(bg) “remote electronic voting” means voting through electronic voting platform from any location other than polling booth.

The provisions for remote electronic voting were added in Rule 4(2)(e) as follows:–

After the words “vote by post”, the words, “or through remote electronic voting” were inserted;

In clause (f), after the words, “back from voters”, the words, “or last date and time for remote electronic voting” were inserted.

The amendment also clarified that, “Where a voter, after entering into the electronic voting platform, chooses not to vote, his electronic ballot paper shall be deemed to be invalid and shall be rejected by the Returning Officer and he shall not be permitted to vote again.”

The amendment further laid down the procedure for Remote Electronic Voting as—

Access to the electronic voting platform shall be allowed on the date of election issued for this purpose and Electronic voting platform shall be kept open for remote voting for not more than twenty four hours unless otherwise determined by the Council.

Eligible voters may cast his/her vote from any location on the Electronic Voting Platform and to access the electronic voting platform, such voter shall be provided with a password through email or mobile number registered with the Institute, as determined by the Returning Officer.

This is a major step towards digitalization of the procedures of the Institute of Company Secretaries of India (ICSI) Council Elections, making the voting process easier and paper-less for the member Company Secretaries enrolled.

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