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.
(2) The demand for a poll may be withdrawn at any time by the persons who made the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.