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Section160
The Companies Act, 2013

Right of persons other than retiring directors to stand for directorship

In force From 01 Apr 2014 Act 18 of 2013 As on 15 Oct 2026

Act 18 of 2013 Ministry Corporate Affairs Enacted 29 Aug 2013 In force 01 Apr 2014 Cited by 1 provision Instruments 19

Section 160 of the Companies Act, 2013 deals with right of persons other than retiring directors to stand for directorship. A person who is not a retiring director in terms of section 152 shall, subject to the provisions of this Act, be eligible for appointment to the office of a director at any general meeting, if he, or some member intending to propose him as a director, has, not less than fourteen days before the meet The Act came into force on 01 Apr 2014.

(1) A person who is not a retiring director in terms of section 152 shall, subject to the provisions of this Act, be eligible for appointment to the office of a director at any general meeting, if he, or some member intending to propose him as a director, has, not less than fourteen days before the meeting, left at the registered office of the company, a notice in writing under his hand signifying his candidature as a director or, as the case may be, the intention of such member to propose him as a candidate for that office, along with the deposit of one lakh rupees or such higher amount as may be prescribed which shall be refunded to such person or, as the case may be, to the member, if the person proposed gets elected as a director or gets more than twenty-five per cent. of total valid votes cast either on show of hands or on poll on such resolution.

1[Provided that requirements of deposit of amount shall not apply in case of appointment of an independent director or a director recommended by the Nomination and Remuneration Committee, if any, constituted under sub-section (1) of section 178 or a director recommended by the Board of Directors of the Company, in the case of a company not required to constitute Nomination and Remuneration Committee.]

(2) The company shall inform its members of the candidature of a person for the office of director under sub-section (1) in such manner as may be prescribed.

Section 160, The Companies Act, 2013 (Act 18 of 2013).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. s. 152 Appointment of directors
  2. s. 178 Nomination and Remuneration Committee and Stakeholders Relationship Committee

Referred to by 1

  1. s. 152 Appointment of directors

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Dhanalaxmi Bank Ltd. v. K.N. Madhusoodanan

    High Court 25 Oct 2022 Persuasive (High Court DB) — private bank director nomination / Art.226 WA Nos. 425 & 432 of 2022 (Ker HC DB)

    Court's Decision & Legal Precedent

    Allowed bank’s writ appeals: Art.226 does not lie to enforce alleged Cos Act s.160/178 nomination/NRC violations against a private banking company; efficacious Companies Act/civil remedies remain.

    On this section: Applied Companies Act s.160 right of persons other than retiring directors to stand for directorship; held alleged s.160 nomination rejection by a private bank’s board is a private-law dispute not enforceable by Art.226 mandamus.

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Judgments citing this section

These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.

  1. High Court 25 Oct 2022 KLHC010233932022

    … was submitted by the 1st petitioner and others, nominating themselves to the post of Directors, the Bank had no other option than to place it before the General Body and to have not done so and rejecting the request of the 1st petitioner and others is a clear violation of the statutory prescriptions contained under Sections 160 and 178 of the Companies Act, 2013. 12. The petitioner in the other writ petition has also raised similar contentions; as we have pointed out above, the essential relief sought in the writ petition is in respect of the rejection of the nomination offered by the petitioner by the Director Board of the Bank. …

    Read this order on eCourtsIndia

  2. High Court 25 Oct 2022 KLHC010239192022

    … was submitted by the 1st petitioner and others, nominating themselves to the post of Directors, the Bank had no other option than to place it before the General Body and to have not done so and rejecting the request of the 1st petitioner and others is a clear violation of the statutory prescriptions contained under Sections 160 and 178 of the Companies Act, 2013. 12. The petitioner in the other writ petition has also raised similar contentions; as we have pointed out above, the essential relief sought in the writ petition is in respect of the rejection of the nomination offered by the petitioner by the Director Board of the Bank. …

    Read this order on eCourtsIndia

Made under this section, and citing it

15 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.

Another 4 instruments name this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 160

What have the courts held on Section 160 of the Companies Act?

Dhanalaxmi Bank Ltd. v. K.N. Madhusoodanan (25 Oct 2022) is the leading judgment on this section among those set out below: Applied Companies Act s.160 right of persons other than retiring directors to stand for directorship; held alleged s.160 nomination rejection by a private bank’s board is a private-law dispute not enforceable by Art.226 mandamus.

How do I find court cases under Section 160 of the Companies Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Companies Act 160, section 160 Companies Act, section 160 of the Companies Act. People searching for it also type companies act 2014 section 160. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Dhanalaxmi Bank Ltd. v. K.N. Madhusoodanan (25 Oct 2022).

What should I read with Section 160 of the Companies Act, and has it changed?

Its own text turns on section 152 (Appointment of directors), section 178 (Nomination and Remuneration Committee and Stakeholders Relationship Committee), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. The rules and notifications made under it are where it actually bites, and there are 15: most recently G.S.R No. 38(E) Companies Appointment and Qualification of Directors Amendment Rules 2023 dated 20.01.2023 (2023), then G.S.R NO. 410 Companies (Appointment and Qualification of Directors) Amendment Rules, 2022 dated 01.06.2022 (2022), and 13 more.

When did Section 160 of the Companies Act come into force?

Section 160 of the Companies Act, cited as Companies Act 160, came into force on 01 Apr 2014, having been enacted on 29 Aug 2013. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.