Do breaches of AGM rules void the election result?

Dear Agony Uncle,

If the rules for holding an annual general meeting (AGM) are not followed, doesn't that make all the committee members and positions invalid?

Agony Uncle's answer

Yes, and then again, no (and I should point out that this does not constitute legal advice: if you want that you'll have to go elsewhere and pay for it).

Assuming that the breach of the rules is both important and decisive - that if there hadn't been that breach, the results would have been entirely different - then you may, conceivably, have a case.

That gets you to the start line. Which is a long way from the finish line.

There is no grown-up to step in and set things right. The regulators are utterly clear: arguments over the constitution are for members to sort out and no business of theirs. You're on your own.

At best, the decisions at the AGM are voidable, not void. They're good until they're reversed. The initial presumption is always going to be that what the minutes say happened, happened and the people it says were elected, were elected.

If you want to override that assumption, you'll have to do more than just say, "The rules weren't followed." You have to say that in front of someone who has the power to correct it.

You're going to have to take it to court (I'm not going to go into the details - as I say above, that has to involve real lawyers and real money).

This is going to be tough on you: it's expensive, taxing, and chancy. If you can avoid it - if, on reflection, you think it's not worth it - there's no shame in giving up.

Oh, and another thing: it takes time. I've seen several cases where the judge agreed the rules had been breached and there should be a new election, but since it was now eleven months since the disputed election, the organisation might as well just handle it through the normal AGM process.

Is it the positions particularly that concern you, or is it that supporters of a particular policy lost out? If you have a policy issue you could take it to a special general meeting and hope to get the votes there.

Best wishes,
Agony Uncle.