Tie on resolution of appointment of pmc
ars
(Querist) 23 January 2012
This query is : Resolved
n a special gen. meeting - on the resolution of appointing a PMC out of two, the members vote on show of hands ended in a TIE,- i.e. both got equal votes.
Mebers requested for a poll. chairperson ordered a poll to be taken forthwith. Few mebers presented their views / comments before poll.
The poll was conducted and the result was announced. One of them got a sizable votes, more than the other.
queries :
1. Whether the above procedure was legally right?
2. Is it necessary that on show of hands the simple majority is required i.e. more thatn 50% votes required in favour of one, like that of in the ordinary resolution in a Company's resolution AND in the poll the votes casted by ballot should be 75% of the vote casted against. that is the majoity of special resolution is requried.
3. The members took part in the voting process were less then theose present at the beggining and signed the attendance register, is it o.k.? Since the meeting lasted long, few old aged members had to go back.
Request to provide detailed answer with rulings, if required. If the experts are of the opinion that, some of the procedure cited above was in contravention or violation of law , kindly provide me the right method and strategy to be adopted.
Pl. note that this is very urgent.
Raj Kumar Makkad
(Expert) 23 January 2012
1. Yes.
2. Possibilities of contradictory results cannot be ruled out in secret ballot paper and open hands up.
3. This do not make the process of election as invalid.
No citation is required in support of the aforesaid legal position as law is nothing but a common sense.
prabhakar singh
(Expert) 24 January 2012
Mr. raj kumar makkad rightly opined.
ars
(Querist) 24 January 2012
thank you raj kumarji,
could u pl. throw some light on the validity of the voting by poll with the % of vote secured i.e. is it mandatory to secure 75% or more votes (from the total votes casted)?
request to reply at the earliest.
