Cumbrian newspaper group ltd V cumberland & westmorland herald (1986)

Facts:The claimant and the defendant were both publishers of
newspapers. They negotiated a transaction whereby D would
acquire one of C’s papers and C would acquire 10 per cent of D’s
share capital. D issued the 10 per cent share holding and as part of
the agreement under which the shares were issued amended its
articles to give C certain rights including pre­emption rights over
other ordinary shares. The purpose of such rights was to enable C
as a shareholder to prevent a takeover. Subsequently, a few years
later D called a meeting to pass a special resolution to cancel the
articles which gave special rights to C. C sought a declaration that
the rights were class rights which could not be cancelled without his
consent.
Held: The declaration was granted. The special rights granted were rights
which could not be varied or cancelled without C’s consent.

Sir, here how C can challenge the variation as C did not have 15% of the shares issued. He only have 10%. And as we know to challenge variation of class rights the shareholder must have at least 15% of shares?