Section 109: Demand for poll
This section is for the process of demanding and taking a poll at a company meeting to determine the decision on a resolution.
The section, clause by clause
What the section says
In plain terms
(1)Before or on the declaration of the result of the voting on any resolution on show of hands, a poll may be ordered to be taken by the Chairman of the meeting on his own motion, and shall be ordered to be taken by him on a demand made in that behalf,—
A poll can be ordered by the Chairman of the meeting on his own or on demand by members with at least one-tenth of the total voting power or holding shares with not less than five lakh rupees paid-up in companies with share capital, or by any member with at least one-tenth of the total voting power in other companies.
(1)(a)in the case a company having a share capital, by the members present in person or by proxy, where allowed, and having not less than one-tenth of the total voting power or holding shares on which an aggregate sum of not less than five lakh rupees or such higher amount as may be prescribed has been paid-up; and
(1)(b)in the case of any other company, by any member or members present in person or by proxy, where allowed, and having not less than one-tenth of the total voting power.
(2)The demand for a poll may be withdrawn at any time by the persons who made the demand.
The demand for a poll can be withdrawn at any time by the persons who made the demand.
(3)A poll demanded for adjournment of the meeting or appointment of Chairman of the meeting shall be taken forthwith.
A poll demanded for adjournment of the meeting or appointment of Chairman of the meeting must be taken immediately.
(4)A poll demanded on any question other than adjournment of the meeting or appointment of Chairman shall be taken at such time, not being later than forty-eight hours from the time when the demand was made, as the Chairman of the meeting may direct.
A poll demanded on any other question can be taken within forty-eight hours from the time of the demand, as directed by the Chairman.
(5)Where a poll is to be taken, the Chairman of the meeting shall appoint such number of persons, as he deems necessary, to scrutinise the poll process and votes given on the poll and to report thereon to him in the manner as may be prescribed.
The Chairman of the meeting will appoint persons to scrutinise the poll process and report on it.
(6)Subject to the provisions of this section, the Chairman of the meeting shall have power to regulate the manner in which the poll shall be taken.
The Chairman has the power to regulate the manner in which the poll is taken.
(7)The result of the poll shall be deemed to be the decision of the meeting on the resolution on which the poll was taken.
The result of the poll is considered the decision of the meeting on the resolution.
The right-hand column is written from the section text, not quoted from it, and it has no legal force. Where the two differ, the left-hand column is the law.
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Reproduced from the official India Code print for reference. Check the current text on India Code before you rely on it, and read the section alongside its Rules. Nothing here is legal advice.