Prudent Ltd. an unlisted Company having 4,00,000 equity shares of ₹10 each, conducting its general meeting. Ramesh a Proxy of Suresh (Ramesh holds 42,000 equity shares in that Company), demands a Poll to pass a Resolutio

Section 109(1)(a) of the Companies Act, 2013 prescribes that 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, in the case a company having share capital, by the members present in person or by proxy, where allowed, and having not less than 1/10th 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. Section 109(4) prescribes that 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 48 hours from the time when the demand was made, as the Chairman of the meeting may direct. The Chairman of the meeting shall get the poll process scrutinized and shall appoint such number of persons, as he deems necessary, to scrutinise the poll process and to report thereon to him in the prescribed manner. The Chairman shall declare the result of the voting on poll. [Rule 21 of Companies (Management and Administration) Rules, 2014]. Hence, in the given case, Ramesh, a proxy of Suresh, who holds more than 10% of the equity shares/voting powers, has right to demand the poll and the Chairman of the meeting shall conduct the same accordingly.