Companies Act, 2013
109.
Demand
for poll.
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.
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
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.
1.
2. The demand for a poll
may be withdrawn at any time by the persons who made the demand.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.
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.
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.
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.
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.