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In politics, a casual vacancy (casual in the sense of "by chance") is a situation in which a seat in a deliberative assembly becomes vacant during that assembly's term. Casual vacancies may arise through the death, resignation or disqualification of the sitting member, or for other reasons.
The appointment of directors will usually be covered by the company's articles (or possibly a shareholders' agreement) which may provide for appointment by the board, or by the shareholders via a written resolution or at a general meeting.
Directors are appointed through a resolution passed at a General Meeting, either an AGM or an EGM, as per company needs. What is a Director Identification Number (DIN)? DIN is a unique identifier required for anyone looking to be appointed as a director, ensuring legal compliance.
Section 152(2) of the Act provides that Directors can only be appointed by the Company in a general meeting. Section 161(4) provides for filling up of a casual vacancy by the Board of Director.
Board meeting: At a duly convened board meeting, the board of directors must approve the appointment of a director in case of a casual vacancy as per Sections 161(4) and 173 along with Secretarial Standards-I.
(2) No company shall appoint or re-appoint any person as its managing director, whole-time director or manager for a term exceeding five years at a time: Provided that no re-appointment shall be made earlier than one year before the expiry of his term.
Section 152(2) of the Act provides that Directors can only be appointed by the Company in a general meeting. Section 161(4) provides for filling up of a casual vacancy by the Board of Director.
Therefore even though the Act is silent on the time limit. In your case you have to appoint a Director in the casual vacancy created due to death of the Director, within 30 days to strictly complying with the law.