New draft notification of mca

SUSHMA YADAV (Querist) 24 November 2013 This query is : Resolved
MINISTRY OF CORPORATE AFFAIRS HAS RECENTLY ISSUED A NOTIFICATION WHICH TEND TO AFFECT THE COST ACCOUNTANTS PROFESSION. THIS NOTIFICATION IS IN DRAFT FORM AND MINISTRY IS INVITING SUGGESTION. BUT WITH THE COMING OF DRAFT MANY PROCESSIONAL COST ACCOUNTANTS HAS CLOSED THEIR BUSINESS.IF THIS NOTIFICATION CAME INTO FORCE; 90 % OF THE COST ACCOUNTANTS HAVE TO CLOSE THEIR BUSINESS OR THEY WILL BE THROWN OUT OF THE JOBS. THUS MAJORITY OF THE COST ACCOUNTANTS WILL LOOSE THEIR LIVELIHOOD.

MY QUERY IS AS FOLLOWS

CAN THIS DRAFT NOTIFICATION BE CHALLENGED IN SC BY WAY OF WRIT PETITION OR PIL, BEFORE IT CAME INTO FORCE. AND THIS DRAFT HAS CAME IN FORM OF PRESS RELEASE. BECAUSE IT IS ADVERSELY AFFECTING MANY PROFESSIONALS AND MIDDLE CLASS COST ACCOUNTANTS.IT IS URGENT TO TAKE ACTION IN THIS REGARD. PLEASE SUGGEST THE POSSIBLE LEGAL REMEDIES.

PLEASE SUGGEST THE POSSIBLE OPTIONS AND METHODS OF CHALLENGING THE DRAFT NOTIFICATION.

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Kolla Gangadhar (Expert) 25 November 2013
Draft notification issued file objections. You can file Writ in the supreme court or High court but order will be you file objections wait for the decision of the Government if the Notification is issued you question. contact: GLOBAL LEGAL SERVICES, CELL NO; 929390673693, Email: globellegalservicesindia@gamil.com

J K Agrawal (Expert) 25 November 2013
Writ is possible if it is contrary to Artical 14 or other constitutional fundamantle right.

Anirudh (Expert) 25 November 2013
When the matter is still in 'draft' stage, there is no cause of action for anybody and therefore no writ petition will lie.

SUSHMA YADAV (Querist) 25 November 2013
ok.then till the issuance of notification we have wait for filing writ petition. and yes this is contrary to article 14 itself.

BUT WE WANT TO GO FOR PIL IN SC AS THIS IS MATTER OF PUBLIC CONCERN ALL INCLUDING STUDENTS,MEMBERS AND PROFESSIONALS HOLDING CERTIFICATE OF PRACTICE.
I WANT SUGGESTION ON THIS ISSUE.

AND PLEASE SUGGEST SOME GOOD ADVOCATES IN DELHI ONLY WHOM WE CAN HIRE FOR FILING PIL AND LITIGATION?

AND CAN A CENTRALIZED BODY LIKE ICSI, ICAI, ICWAI ALSO FILE PIL FOR THE WELFARE OF STUDENTS, MEMBERS, AND OTHER PRACTICING PROFESSIONALS IF THEY CONSTITUTE MAJOR PORTION OF INDIA'S PROFESSIONAL POPULATION

Ms.Nirmala P.Rao (Expert) 25 November 2013
As per Art. 13 of the Constitution of India law in derogation of fundamental rights can be challenged in Writ or PIL. Law includes any notification in force. Since in this case the draft notification is not yet in force it can't be challenged by way of Writ or PIL. If you wish to thank me for this reply please click the thank you button on my profile.