The 10 Irn-Bru First Division clubs will press ahead with their intention to break away from the Scottish Football League as the game prepares for a summer of discontent.

At the SFL annual meeting, an indicative vote found 16 teams in favour of league reconstruction plans to merge with the Scottish Premier League, and 13 against, six short of the majority required to push through consensual change. "As far as we're concerned, it's failed," said Les Gray, the Hamilton Academical chairman, who was speaking on behalf of the first division clubs.

Although Gray would not directly admit to seeking a formal breakaway, describing SPL2 as a "toxic brand", he essentially indicated that a rift is about to split the SFL and result in 10 clubs leaving and forming a second tier of the top flight. The clubs have already signed a letter of intent to resign and have received legal advice that they do not need to give two years' notice since the rule that was drawn up to allow the expansion of the Scottish Premier League from 10 to 12 teams still exists. Herald Sport also understands the SPL clubs will vote in favour of inviting the 10 teams to join a second tier, and that there will be promotion and relegation play-offs between the two divisions.

"I've already said what we're going to do, but I won't say any more until we've gathered our thoughts over the next few days," said Gray. "The [SFL] board have organised an egm [on June 10] to vote on the proposal. We see that as an irrelevance now. It has been voted down so it is a failed vote in our eyes.

"We have no meetings organised with the SPL but we will organise that in the coming days. It will involve getting change for next season. It's not about money. We're all fed-up with the process. We thought there was light at the end of the tunnel with regard to a 42-club solution but now we need to look at options. We'll do what we have to do to go forward."

Formally, the SFL clubs will vote on June 10, which is likely to be the moment Scottish football effectively splits into full-time and part-time leagues. It will only be a change of heart from six of the clubs who voted against yesterday that will prevent another split. The tone of much of the comment after the agm suggested that a civil war is more likely.

David Longmuir, the SFL chief executive, tried to stress that they are still pursuing a 42-club solution, but referred to "the way that people conduct their business, the attitude and tone of how certain points are communicated" having an impact. He was talking about the SPL and, in particular, the ultimatum from Ralph Topping, the SPL chairman, earlier this week that it was take it or leave it time for the proposals to merge the two league bodies. "That [stance] is not something new," Longmuir said. Henry McClelland, the chairman of Annan Athletic, called the proposed merger as "an aggressive takeover".

The second and third division clubs are wary about being marginalised. The SFL proposed amendments to the financial distribution and governance models, which the SPL clubs rejected on Monday. In particular, the lower league clubs fear losing their voice and being ruled by the power base that controls the SPL.

"What's on offer isn't balanced," said McClelland. "At the moment, every SFL club has a vote and every vote is equal. With the merged body, the voting structure is unacceptable. There have been attempts to pass our concerns back up the way but they never get returned in the manner you would associate with a merger.

"It is important to get into the public domain that we could be in a situation where 40 clubs could vote for a resolution, two clubs could object and that resolution would not be carried. That is not fair and equitable. We are being dictated to. There has to be mutual respect and I don't feel that is being shown."

While it seems clear that there had been dialogue between the SPL and the 10 first division clubs, the outcome of yesterday's AGM was a reflection of the differing needs of two sets of clubs: those trying to finance full-time football and those able to sustain part-time football through their local community. There might be legal battles over the interpretation of the SFL rules allowing no resignation notice and any effect on the annual settlement payment from the SPL, but nobody will want to be responsible for delaying next season's kick-off, which could be ruinously costly to several clubs.