Director's appointment & resignation

Hirak Ghosh (GM CS & Legal) (36 Points)

11 November 2011  

A Limited Company having only 03 Directors,one of whome expressed his willingness not to be appointed as will be retiring by rotation u/s 256 of C.A.1956.Therefore,a person has been inducted in the Board in the month of August-2011 as Additional Director u/s 260 of C.A.1956,with the intention that once the motion for the retiring director is taken up,who has expressed his intention not to be reappointed,the no of Director will not fal below mentioned in section 252(1) of C.A.1956.

Is the above method is alright or one should go by the provision of section 256(3) of C.A.1956?