Voting; Election of Trustees & Remuneration

Section 59

Court may declare a person disqualified from being a trustee, or remove a trustee


On the application of any person interested the court may either before or after the appointment of a trustee, declare that the person appointed or proposed is disqualified from holding the office of trustee, and, if he has been appointed, may remove him from office and may in either case declare him incapable of being elected or appointed trustee under this Act during the period of his life or such other period as it may determine, if—

(a)    he has accepted or expressed his willingness to accept from any person engaged to perform any work on behalf of the estate in question, any benefit whatever in connection with any matter relating to that estate; or
(b)    in order to induce a creditor to vote for him at the election of a trustee or in return for his vote at such election, or in order to exercise any influence upon his election as trustee, he has—
(i)    wrongfully omitted or included or been privy to the wrongful omission or inclusion of the name of a creditor from any record by this Act required; or
(ii)    directly or indirectly given or offered or agreed to give to any person any consideration; or
(iii)    offered to or agreed with any person to abstain from investigating any previous transactions of the insolvent concerned; or
(iv)    been guilty of or privy to the splitting of claims for the purpose of increasing the number of votes.