election of the chairman is vitiated in the absence of an affirmative vote by the second appellant, a nominated member to the board of directors ... majority of votes provided such majority shall include the affirmative votes of the non-retiring directors appointed by Aktiebolag Astra and by IDL Chemicals Limited
ensured by incorporating an amendment
to the effect that without the affirmative vote of Umesh and
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Lokamata, any resolution passed by the share holders ... Board meeting and shareholders
meeting are not valid unless affirmative vote is cast by
Mrs. Lokamatha Rangappa or Mr. Umesh R.
The preliminary objection
passed at a meeting of the board of directors,
without an affirmative vote of at least one director
appointed by the sixth respondent. Nevertheless
then, the votes have to be necessarily treated as invalid or void, as such votes are no votes leading either way. A vote cast without ... voting at all. Similarly, voting for or against the motion subject to the conditions stipulated in the vote is no voting
decided by your Lordship in re Tunis Railway Company (May 22, 1874) affirmed on appeal (before the Lords Justices, July 11, 1874).
Carson, for Dixon ... present, one abstained from voting and the value of his debt was Rs. 30,98,21,941. Thus, the total value of secured creditors present
conclusion that the
test to be applied for declaring a vote as invalid is whether the
marks or writing reveal a pre-arrangement which leads ... voter or
not? If the answer is in the affirmative, per force, the vote has
to be declared as "invalid".
16. Admittedly
votes polled in
favour of the election petitioner were mixed with the votes
polled in favour of the appellant; and on which table the votes ... weighed with the High Court to affirm the view
of the Election Tribunal is that re-counting of votes will
reinforce the transparency
count of votes. On the contrary, the
justification for an order of re-count of votes should be
provided by the material placed ... court should not order the recount of votes."
(Emphasis supplied by us)
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22. Affirming the decision of the High Court, a three-
Judge
were not made available by the Polling Officers, only Form-A05/Voting Statistical has been considered....
(Emphasis is made by this Court)
While the Returning ... Issue No. 1 is answered in the affirmative holding that the petitioner has proved the discrepancies mentioned in paragraphs
Ahanya Milk Producers Co-Operative ... vs State Of Karnataka on 2 May, 2025
Author: Suraj
