1973 (5) TMI 74

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....is petition, as originally filed, was under section 397 and section 186 of the Companies Act, 1956, for quashing the election of respondents Nos. 2 to 9 as directors of the company and for a further direction to respondent No. 1 to call a meeting of the members for holding fresh elections. When this petition came up for motion hearing before R.S. Narula J., the learned counsel for the petitioners ....

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....on or on the application of any director of the company, or of any member of the company who would be entitled to vote at the meeting,- (a)order a meeting of the company to be called, held and conducted in such manner as the court thinks fit; and (b)give such ancillary or consequential directions as the court thinks expedient, including directions modifying or supplementing in relation to th....

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....d for 11 a.m. but the members who collected till 5 p.m. were allowed to vote. Doors were closed at 5 p.m. and the voting time was extended to 7 p.m. 2.Respondent No. 2 was a tenant of a shop of the company at the rate of Rs. 193.77 per annum, and was not qualified to become or remain a member of the managing committee. 3.Six persons were allowed to vote although they had no right to do so. ....

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....against their names as members at the time of taking ballot papers but they did not exercise the right of vote. Likewise, Hari Singh and Natha Singh were supplied with ballot papers and some other interested persons filled those ballot papers and voted. 9.Teja Singh, Palwa Ram, Paro Bai, Uttar Singh, Pala Singh and Bhola Singh are illiterate and did not vote themselves, but some other intereste....