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Showing contexts for: proxy voting in T.K.Nandakumar vs H.Narayanan on 16 June, 2014Matching Fragments
Provided that no society shall be dissolved unless three-fifths of the members shall have expressed a wish for such dissolution by their votes delivered in person, or by proxy, at a general meeting convened for the purpose:
Provided that whenever any Government is a member of, or a contributor to, or otherwise interested in any society registered under this Act, such society shall not be dissolved without the consent of the Government of the State of registration."
Section 13 is applicable in the context of dissolution of the society and adjustment of the affairs of the members. The proviso has been added in that context. Counsel for the appellants submits that when the proviso permits the proxy to participate in the election, why the proxy is not permitted to participate in the election of the governing body of the society. The manner and procedure for holding of election for any society or any body is always regulated by the procedure provided in the bye-laws. There cannot be any dispute that if statutory provision or rule or bye-law provide for voting right as accrued to a person who is nominated as proxy, the same can be done. Proviso to Section 13 is not a statutory provision which provides for proxy voting. In the bye-laws of the society, there is no provision which can be allowed to include voting by proxy. In the bye-laws, there is neither any express provision nor from the bye-laws it can be implied that proxy voting is permitted. Learned counsel for the appellants submitted that provisions of Societies Registration Act are applicable and bye-laws are subject to the said Act. There cannot be any dispute to the above proposition. However, Section 13 which is relevant, is not attracted in the facts of the above case and is not applicable. Thus, we do not find any substance in the submission of the learned counsel for the appellants in the context of appellant no. 4 is concerned.