Launch offer — 25% off with code LAUNCH-25 See plans →
Microlesson · 5-min read

Chairman of Meeting & Casting Vote

# Chairman of Meeting and the Casting Vote

## Election of Chairman (where original chairman is unavailable)

If the chairman is not available, another person is elected by poll, and such person shall serve as chairman for the rest of the meeting.

## Casting Vote — What It Is

The casting vote is a right given to the chairman to cast a second (additional) vote when:

  • The first vote is equal (tied), OR
  • The AOA expressly so provides.

It operates as a tie-breaker.

## Where Casting Vote Applies

  • Board Meetings — chairman has casting vote.
  • General Meetings — chairman has casting vote ONLY if AOA permits.

### If AOA is Silent on Casting Vote

  • If there is no provision in the AOA, or
  • On a matter where there are equal votes,

the resolution is dropped (i.e., not passed).

## Exemption

This section is NOT applicable to a Private Company if it has not committed default under Sec. 92 (annual return) and Sec. 137 (financial statements), unless the AOA provides otherwise.

## Key Memory Hook

"Casting vote = the chairman's 'extra' vote, but only when the AOA allows it at general meetings. No AOA provision + a tie = resolution dies."

Worked example

### Example 1

Example: At an EGM of ABC Ltd., a special resolution receives 4,500 votes in favour and 4,500 against. AOA is silent on casting vote.

Answer: The resolution is dropped. The chairman cannot use a casting vote because the AOA does not provide for it at a general meeting.

⚠️ Common exam mistakes

  • Assuming the chairman has automatic casting vote at general meetings — at general meetings, AOA must specifically permit it.
  • Forgetting that at Board meetings, casting vote is statutorily available to the chairman.
Reference: Section 104 / 114 (general meeting chairmanship) — Companies Act, 2013
Now that you've read this — what's next?
Move from understanding → mastery in 3 clicks. Each option below picks up from this lesson's topic.
Start 15-min diagnostic