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Poll or Show of hands

K Mohamed Ibrahim (Company Secretary) (104 Points)

03 January 2011

Can any one of the Shareholder demand for a poll or Show of hands. Any provision available for this.

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2 Replies

nidhigoel89 (Company Secretary ) (594 Points)
Replied 03 January 2011

Hello!

In a meeting at first instance voting is to be done by show of hands unless poll is demanded. An there is specific provisions for Public and private co. in which poll can be demanded by the members having voting rights for which u can refer sec 179 of Co. Act.

Regards

Nidhi

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Syam kamal (Company Secretary) (156 Points)
Replied 03 January 2011

Demand for poll

Normally, at first matters are decided at a general meeting by a show of hands. If the majority of the hands raise their hands in favour of a particular resolution, then unless a poll is demanded, it is taken as passed. If a poll is demanded, voting takes place by a poll.

Before or on declaration of the result of the voting on any resolution on a show of hands, the chairman may order suo motu (of his own motion) that a poll be taken. However, when a demand for poll is made by the eligible member, he must order the poll be taken.

The chairman may also order a poll when a resolution proposed by the Board is lost on the show of hands or if he is of the opinion that the decision taken on the show of hands is likely to be reversed by poll. When a poll is taken, the decision arrived by poll is final and the decision on the show of hands has no effect.

Eligible member for demanding poll

Apart from Chairman on his own motion, any member or members present in person or by proxy and holding shares:

a) which confers 10% or more voting power in respect of the resolution or

b) on which aggregate sum of fifty thousand rupees or more have been paid up

The demand for a poll may be withdrawn at any time by the person or persons who made the demand.

Time of taking poll

A poll demanded on a question of adjournment be taken forthwith. A poll demanded on any other question (not being a question relating to the election of a chairman) shall be taken at such time not being later than forty-eight hours from the time when the demand was made.

Procedure for taking poll

Where a poll is to be taken, the chairman of the meeting shall appoint two scrutinisers to scrutinise the votes given on the poll and to report the same to him. Of the two scrutinisers appointed, one shall always be a member present at the meeting, provided such member is available and willing to do the same.

The chairman of the meeting shall have power to regulate the manner in which a poll will be taken.