Appellate Tribunal ought to have deleted the requirement of an
affirmative Vote in the hands of select Directors under Article 121
or at least ought ... have restricted the affirmative vote to matters
covered by Article 121A.
5
1.5 In addition to C.A.Nos. 13 and 14 of 2020, Tata
independent directors on the board, as well as
certain affirmative voting rights. This required that the Articles of
Association be amended, which was never ... nominee directors in KSS Global, and
provided for an affirmative vote of shareholders with respect to
certain matters. According to the learned Senior Advocate
voting, in terms of the voting share percentage: (i) 74.16 per cent members of the
E-CoC voted to approve the Resolution Plan ... PART A
cent in the E-CoC, and wanted its affirmative vote to be recorded on the
Resolution Plan. CSEB’s vote would enhance
intention and desire of the Prakash family members that their
actions and voting must be in a manner so as to act in
consensus ... reflect the following:
(a) Any resolution in Board to have either affirmative
vote of S.P. or his consent in writing to approve the
same
meetings of the Board of Directors of
the Company with the affirmative vote
of at least one direction nominated by
Severn Trent;
2. operating
total number of members of the
Parishad voted in favour of it. This was subsequently affirmed by a
Division Bench of the High Court ... Division Bench of the High Court, thereupon,
concluded that the affirmative vote of a majority of only those members
of the Samiti ‘who are present
Constitution provides for the penalty for sitting
and voting before making oath or affirmation under Article
188 of the Constitution or when not qualified ... second
defendant got 22 votes, the first defendant got 18 votes,
the plaintiff 17 and Nawab Badruddin Haidar 11 votes.
Accordingly defendants
mentioned. Section 18 provides penalty for sitting,
and voting before making and subscribing the oath or
affirmation which may extend to Rs. 500 for each ... that "some persons" have sat and
voted without making and subscribing an oath or affirmation.
The section postulates the existence of a duly
such opinion."
"193. Penalty for sitting and voting before making oath or affirmation
under Article 188 or when not qualified or when disqualified ... improper reception, refusal or rejection of any vote or the
reception of any vote which is void, or
(iv) by any non-compliance with
Court on a mere probability that the two
independent councillors would have voted in favour of the
first Respondent, the impugned decision cannot be
sustained ... depositions of the two councillors in their affidavits,
affirming that they would have voted in favour of the first
Respondent, the findings recorded
