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Microlesson · 5-min read

Procedure for Conducting E-Voting

# Procedure for Conducting E-Voting

## Step 1: Notice of Meeting

The notice must be sent to all members, directors, and auditors by one of:

  • Registered post / Speed post / Courier service
  • Electronic means (e-mail)

The notice must also be placed on the company's website and the agency's website immediately after dispatch.

### Notice Content — Must Specify:

  • Facility for voting by electronic means
  • Availability of ballot/polling at the meeting
  • Members who voted by remote e-voting cannot vote again at the meeting
  • Process for voting electronically + time schedule
  • Login ID, password details, and secure voting process

## Step 2: E-Voting Time Window

  • Remote e-voting must remain open for at least 3 days
  • Closes at 5:00 PM on the day BEFORE the meeting
  • Once cast, votes cannot be changed
  • After the period ends, the voting facility is blocked

## Step 3: Public Advertisement

A public notice must be published at least 21 days before the GM, immediately after sending meeting notices:

  • At least once in a vernacular newspaper (principal language of the district where RO is located, wide circulation)
  • At least once in an English newspaper (nationwide circulation)

### Advertisement Must Include:

1. Business can be transacted through electronic voting

2. Start date & time of remote e-voting

3. End date & time of remote e-voting

4. Cut-off date (not earlier than 7 days before GM)

5. Instructions for shareholders who acquired shares after notice dispatch to obtain login credentials

6. Statement that:

  • Remote e-voting won't be allowed after deadline
  • Voting option will be provided at the meeting
  • A member who voted remotely may attend but cannot vote again
  • Only those on register on cut-off date can vote

7. Company's & agency's website addresses

8. Contact details of person handling e-voting grievances

## Step 4: Appointment of Scrutinizer

The Board appoints one or more scrutinizers for fair and transparent oversight:

  • Eligible persons:
  • CA / CMA / CS in practice
  • Advocate
  • Any reputable person (not a company employee) capable as per Board
  • Scrutinizer may seek non-employee expert assistance for technical matters

## Step 5: Voting at Meeting & Counting

1. Chairman allows voting at the meeting for members who didn't vote remotely (with scrutinizer's help)

2. Scrutinizer's tasks immediately after voting ends:

  • First, count votes cast at the meeting
  • Then, unblock remote e-voting results in presence of at least 2 independent witnesses (non-employees)
  • Within 3 days, prepare a consolidated scrutinizer's report (votes for/against)
  • Submit to Chairman who countersigns

3. Chairman declares result immediately

4. Confidentiality: How members voted remains confidential — not accessible to Chairman, Scrutinizer, or others until votes are officially cast at the meeting

## Step 6: Post-Voting

  • Scrutinizer's Access: May access details of remote e-voters to prevent double voting
  • Register: Scrutinizer maintains and safeguards a register of votes until Chairman signs minutes
  • Results posted on: Company's website + agency's website + forwarded to stock exchange (for listed)
  • Passing: Deemed passed when requisite votes are received at the GM
  • Withdrawal: Once proposed for e-voting, a resolution cannot be withdrawn

Worked example

### Example 1

Example: A company's AGM is scheduled for 30th September. By when must the public advertisement appear, and when must remote e-voting close?

Solution:

  • Public advertisement: At least 21 days before the GM → by 9th September
  • Remote e-voting must remain open at least 3 days and close at 5:00 PM on 29th September (the day before the meeting)

⚠️ Common exam mistakes

  • Forgetting the dual-newspaper requirement (vernacular + English)
  • Mixing up the order of counting — scrutinizer counts meeting votes FIRST, then unblocks remote votes
  • Believing remote e-votes can be changed — they cannot once cast
  • Forgetting that the scrutinizer's report deadline is 3 days, NOT 7 (which is for poll under Rule 21)
  • Allowing withdrawal of e-voting resolutions — not permitted
Reference: Rule 20 — Companies (Management and Administration) Rules, 2014
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