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CS Professional · CSR and Social Governance · Model Code for Meetings of Non-Corporate Entities

The bye-laws of the Dharti Education Society require a special resolution to be passed by at least three-fourths of the members present and voting. At a meeting, 60 members are present and all of them vote: 44 in favour and 16 against. What is the correct conclusion?

The resolution is not passed. Three-fourths of the 60 members present and voting is 45, and only 44 voted in favour. The bye-laws require a special majority, so a wide margin over the 16 opposing votes is not enough.

  1. APassed, because 44 is more than two-thirds of 60
  2. BPassed, because the votes in favour exceed the votes against by a wide margin
  3. CNot passed, because 44 is less than the 45 votes needed, which is three-fourths of 60Correct
  4. DNot passed, because a special resolution needs the unanimous consent of all members present

Explanation

Three-fourths of 60 is 45. Only 44 voted in favour, so the threshold is missed by one vote. Two-thirds is not the bye-law test, and unanimity is not required. A wide margin over the opposing votes is irrelevant to a special majority.

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