(Provision Relating Voting by Poll)
The main provisions regarding counting of votes can be clarified as follows:
1. Time of demand for counting of votes – The demand for counting of votes can be made on or before the declaration of the result of the poll conducted by raising of hands.
2. Order for counting of votes – Order for counting or counting of votes can be given in the following conditions could
(i) When the Chairman himself considers it necessary.
(ii) When the members demand.
3. Demand for counting of votes In the case of a company having share capital, the demand for counting of votes is given below:
can be done by members
(i) having a right to one-tenth of the total number of votes, or
(ii) who is entitled to a paid-up capital of not less than ₹ 5,00,000. In the case of any other company, by any one member or more than one member personally present in the meeting, if they have at least 10% of the total voting power.
4. Return of the demand for counting of votes The person demanding the counting of votes can never make his demand 5. Time of counting of votes – If the demand for counting of votes is related to the adjournment of the meeting or the appointment of the Chairman, then the counting of votes is done immediately. If the demand for counting of votes is related to any other matter, the Chairman can withdraw the tax by making arrangements for the counting of votes at any time within 48 hours of such demand.could.
6. Free exercise of votes – A member having more than one share is free to exercise his vote. He can either give all the votes in favor or against the motion or put some votes in favor of the motion, some in the opposition or some votes in favor, some against and some as neutral.
7. Counting of votes – The Speaker may appoint two examiners to check the counting of votes.
Is. If he so desires, he can also remove them and appoint another before the result of the counting of votes. 8. Restriction on exercise of right to count. If a member has not paid the calls for his shares or the company has taken his shares under a lien, then such member cannot exercise the right to vote.