Companies Act_practical problems_1

A company has 11 directors on the Board consisting of the following:
Mr. Active, Mr. Archive as nominees from two Public Financial Institutions.
Mr. First, Mr. Second, Mr. Third appointed at the 2nd AGM.
Mr. Fourth, Mr. Fifth appointed at the 3rd AGM.
Mr. Addition was appointed as additional director subsequent to 3rd AGM.
Mr. Casual was appointed as director in place of Mr. Soul who died and as earlier appointed during the 3rd AGM.
Mr. Excellent was appointed as Managing Director for 5 years w.e.f. 2nd AGM.
Mr. One more was appointed as additional Director soon after Mr. Addition was appointed as Additional Director.
List out in order, who shall be vacating the office at the 4th AGM of the company.

Section 255 of the Companies Act, 1956, provides that unless the Articles provide for retirement of all the directors at every general meeting, not less than two-thirds of the total number of directors of a public company, or of a private company which is a subsidiary of a public company, shall retire by rotation. In terms of section 256 of the Act, one-third of the directors liable to retire by rotation shall retire at the Annual General Meeting of the Company. If the number of directors liable to retire by rotation is not three or a multiple of three, then the number of nearest to one-third shall retire from the office of director.
In order to determine the directors who shall retire by rotation at every general meeting, it is provided that the persons who have been longest in office since their last appointment shall be liable to retire. As between the persons who became directors on the same day, the directors who shall retire may be determined by agreement among themselves. In the absence of any such agreement the persons liable to retire shall be chosen by lot.
Of the 11 directors mentioned in the question, Mr. Active and Mr. Archive, who are nominees of Public Financial Institutions respectively, are non-rotational directors and are not liable to retire. Mr. Excellent being the Managing Director, is also not liable to retire. The position in regard to the remaining 8 directors is as under:
(i) Mr. Addition & Mr. One More who were appointed as Additional Directors in subsequent to 3rd Annual General Meeting respectively, shall vacate office on the date of 4th Annual General Meeting.
(ii) Mr. Casual was appointed in place of Mr. Soul who died and will, therefore, hold office till the date. Soul would have held office.
(iii) Of the 6 rotational directors, [viz., Mr. First, Mr. Second, Mr. Third, Mr. Fourth, Mr. Fifth and Mr. Casual, 2 directors who constitute one-third, and who have been longest in office are liable to vacate office. Accordingly, two amongst Mr. First, second and third who were appointed in 1st AGM and have been longest in office, shall vacate office. Amongst themselves, either they can decide by mutual consent or by draw of lots.