“Postal Ballot is a facility given to the shareholder or member of a company, where he has the option of voting either by postal ballot or e-voting or in person.”
As per the Companies Act, 2013 a company may transact certain business only through Postal Ballot which includes, change in place of registered office outside the local limits of any city, town or village, Buy Back of shares, and other clauses under various sections like 13, 2(68),13(8),48,151 and more.
It says, “ Where a company is required or decides to pass any resolution by way of postal ballot, it shall send a notice to all the shareholders, along with a draft resolution explaining the reasons thereof and requesting them to send their assent or dissent in writing on a postal ballot within a period of 30 days from the date of dispatch of the notice”
Now, a newspaper advertisement for postal ballot notice is to be published, in at least one local vernacular newspaper of the region in which the registered office of the company is situated, and in an English newspaper which has a wide circulation in the same region. According to the Act, “a statement to the effect that the business is to be transacted by postal ballot which includes voting by electronic means, the date of completion of dispatch of notices, the date of commencement of voting, the date of end of voting, the statement that any postal ballot received from the member beyond the said date will not be valid and voting whether by post or by electronic means shall not be allowed beyond the said date, a statement to the effect that members, who have not received postal ballot forms may apply to the company and obtain a duplicate thereof, and the contact details of the person responsible to address the grievances connected with the voting by postal ballot including voting by electronic means” – all the above information should be given in the advertisement.
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