Section 179 - Demand for poll. - Companies Act, 1956

Demand for poll. 179. (1) Before or on the declaration of the result of the voting on any resolution on a show of hands, a poll may be ordered to be taken by the chairman of the meeting of his own motion, and shall be ordered to be taken by him on a demand made in that behalf by the persons or person specified below, that is to say, [1] [(a) in the case of a public company having a share capital by, any member or members present in person or by proxy and holding shares in the company- (i) which confer a power to vote on the resolution not being less than one-tenth of the total voting power in respect of the resolution, or (ii) on which an aggregate sum of not less than fifty thousand rupees has been paid-up, (b) in the case of a private company having a share capital, by one member having the right to vote on the resolution and present in person or by proxy if not more than seven such members are personally present, and by two such members present in person or by proxy, if more than seven such members are personally present, (c) in the case of any other company, by any member or members present in person or by proxy and having not less than one-tenth of the total voting power in respect of the resolution.] (2) The demand for a poll may be withdrawn at any time by the person or persons who made the demand. ------------------------------------ Notes:- [1] Substituted by the Companies (Amendment) Act, 1988, section 24, w.e.f. 15-6-1988 for clauses (a) to (d) which read as under: "(a) in the case of a public company, by at least five members having the right to vote on the resolution and present in person or by proxy, (b) in the case of a private company, by one member having the right to vote on the resolution and present in person or by proxy if not more than seven such members are personally present, and by two such members present in person or by proxy if more than seven such members are personally present, (c) by any member or members present in person or by proxy and having not less than one-tenth of the total voting power in respect of the resolution, or (d) by any member or members present in person or by proxy and holding shares in the company conferring a right to vote on the resolution, being shares on which an aggregate sum has been paid-up which is not less than one-tenth of the total sum paid-up on all the shares conferring that right."