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Ever wondered how shareholders of a large listed company like Reliance Industries vote on resolutions without flying to Mumbai for every AGM? That's exactly what Section 108 enables — it gives the Central Government the power to mandate e-voting (electronic voting) for certain classes of companies, so every shareholder can exercise their right to vote digitally, from wherever they are.

In plain terms, Section 108 itself is an enabling section — it doesn't lay down the full procedure directly but authorises the Central Government to prescribe (a) which companies must offer e-voting and (b) the manner in which members can use it. The actual rules come from Rule 20 of the Companies (Management and Administration) Rules, 2014, which is where the exam-relevant detail lives. Under these rules, every listed company and every company with 1,000 or more shareholders is required to provide e-voting facility for all items of business at a general meeting. The voting window stays open for a minimum of 3 days and a maximum of 3 days before the meeting closes — typically from 9 AM to 5 PM on the last day.

Why does this matter practically? Think of Rajesh & Co. Pvt. Ltd., which just crossed 1,000 members after a fundraising round. It is now obligated to tie up with an authorised e-voting agency (like NSDL or CDSL) and send login credentials to every member with the meeting notice. A member who votes electronically cannot vote again at the physical meeting — one vote, one channel. The board appoints a scrutiniser (usually a Practising Company Secretary) to oversee the process and certify the results within 48 hours of the meeting. This section is the constitutional foundation for that entire machinery, and the exam loves testing it alongside Section 107 (show of hands) and Section 109 (poll).

📊 Worked example

Example 1 — Does this company need e-voting?

Setup: Sunrise Textiles Pvt. Ltd. has 850 members and is an unlisted private company. Its AGM is scheduled for 15 May 2026. Must it offer e-voting under Section 108?

Working:

  • Listed company? → No
  • Members ≥ 1,000? → No (only 850)
  • Rule 20 threshold met? → No

Answer: Sunrise Textiles Pvt. Ltd. is NOT required to provide e-voting. It may do so voluntarily, but Section 108 / Rule 20 does not compel it.

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Example 2 — E-voting timeline

Setup: Megastar Industries Ltd. (listed) sends notice of its AGM on 1 May 2026, with the meeting date being 25 May 2026. When must the e-voting window open and close?

Working:

  • Notice sent: 1 May 2026
  • AGM date: 25 May 2026
  • E-voting window: minimum 3 days, closes at 5 PM on the day before the AGM (i.e., 24 May 2026)
  • Therefore, e-voting opens: 22 May 2026 at 9 AM and closes: 24 May 2026 at 5 PM
  • Scrutiniser must submit report within 48 hours of AGM → by 27 May 2026

Answer: E-voting window is 22 May 2026 (9 AM) to 24 May 2026 (5 PM).

⚠️ Common exam mistakes

  • Confusing Section 108 with the full e-voting procedure. Section 108 is just the enabling provision. The detailed rules (3-day window, 1,000-member threshold, scrutiniser) come from Rule 20 — examiners expect you to cite both.
  • Thinking e-voting is optional for listed companies. Don't write 'may provide' for listed companies — it is mandatory, not discretionary.
  • Getting the member threshold wrong. Students often write 500 members. The correct threshold under Rule 20 is 1,000 members.
  • Assuming a member can vote physically after e-voting. Once a member has cast their vote electronically, they cannot vote again at the physical meeting — even to change their mind.
  • Forgetting the scrutiniser's deadline. The scrutiniser must submit the consolidated results to the chairman within 48 hours of the AGM, not 'immediately' or 'within 24 hours'.
📖 Bare Act text — Section 108, Companies Act 2013 (click to expand)
The Central Government may prescribe the class or classes of companies and manner in which a member may exercise his right to vote by the electronic means.
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