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

Under the bye-laws of Shreeji Cooperative Welfare Society, a member may attend and vote through a proxy, provided a written instrument signed by the member is lodged with the secretary 48 hours before the meeting. Mr. Iyer orally tells the chairperson at the meeting's start that Ms. Rao will vote for him. How should the chairperson treat this?

The chairperson should reject it. The bye-laws require a signed written proxy lodged 48 hours before the meeting, and an oral statement made at the meeting meets neither condition. Lack of objection or the proxy holder's membership cannot cure the defect.

  1. AAccept it, since the member himself has communicated the intention
  2. BAccept it only if no other member objects at the meeting
  3. CAccept it, provided Ms. Rao is also a member of the society
  4. DReject it, since the proxy was not in the written, signed form and was not lodged in timeCorrect

Explanation

The bye-laws require a signed written instrument lodged 48 hours before the meeting. An oral statement made at the meeting satisfies neither requirement. Absence of objection or Ms. Rao's membership cannot cure the defect.

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