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TMI Blog1969 (2) TMI 82X X X X Extracts X X X X X X X X Extracts X X X X ..... nt member of the club, had submitted certain objections in writing to the club, pointing out certain irregularities, mostly relating to the accounts, etc., which accounts were to be passed at that general meeting. According to Major Mella Singh, who is the petitioner in this case, this annoyed the committee, managing the affairs of the club, which, inter alia, included Group Captain J.G. Shukla, who presided at the aforesaid annual general meeting of the club in the absence of the chairman. Six persons were to be elected as the members of the managing committee for the next year. For these six posts, seven names were proposed and seconded, including the name of Major Mella Singh, petitioner. Out of the remaining six, four were officers of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther confirmed from the house that nobody objected to the appointment of these two members for counting votes. He then explained to the house the system of the poll which was that on the announcement of the name of each of seven candidates, members in favour of each would raise their left hand. These could be counted by the respective member appointed for the purpose who would convey the count loudly to the chairman. The chairman would then add both the sides and the proxies, if any, and would announce the total votes secured by each candidate. The six candidates securing maximum votes would be declared elected members of the committee". The chairman also informed the house that valid proxies from the following three members had been recei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said, it shall be taken in such manner at such time and place as the chairman of the meeting directs and either at once or after an interval or adjournment, and the result of the poll shall be deemed to be the resolution of the meeting at which the poll was demanded". These two articles, so far as the question of manner of voting is concerned, are materially the same as sections 177,179 and 185 of the Companies Act, 1956 (hereinafter referred to as "the Act"), which are as follows: Section 177. --A t any general meeting, a resolution put to the vote of the meeting shall, unless a poll is demanded under section 179, be decided on a show of hands. Section 179. --(1) Before or on the declaration of the result of the voting on any resolution ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t count and the persons who are present by proxy have no say in the matter. In the second place, on a show of hands, each person present and voting counts as one vote irrespective of the number of shares held by him, whereas on a poll being taken votes for a particular person are counted according to the number of shares held by him. In the present case, each member of the club has only one vote and, therefore, the second question does not arise for consideration. According to the respondent, therefore, the poll being demanded the only difference which arises is that the proxies held by the members are also taken into consideration as was done in the present case. The main contention of the learned counsel for the petitioner was that as th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quire such appointment. In a small company the poll is often taken by the chairman. In taking the poll it is usual to cause a list of members to be made out from the register, with six columns headed thus--(1) Names of voters, (2) Number of shares, (3) Number of votes, (4) Observations, (5) Votes given: For, (6) Votes given: Against, At the time appointed for taking the poll, the members who "vote personally will come up to the voting table and write their names down on sheets of paper headed 'For' or 'Against' the motion, as the case may be. A member voting as proxy for another will write down his own name and also that of the person whose proxy he is, e.g., ' John Smith, by W. Jones, his proxy'". More or less the same thing is repeated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the chairman by the articles of association as well as by section 185 of the Act. In view of the above, therefore, I feel that there was no illegality in the procedure followed by the chairman in taking the poll and this petition has, therefore, to be dismissed. I may, however, add that, though, technically speaking, the chairman is not bound to take votes by a secret ballot when a poll is demanded, yet, in an institution like the club, which is not a commercial concern, it is highly desirable, in order to maintain the proper atmosphere in the club and to inspire complete confidence in the management that, whenever a, peril is demanded, the chairman should normally have the voting done by ballot which would not indicate the name o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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