Section 386 in Selected Statutes (Statutes framed under the Bombay University Act, 1914)
386.
(1)If, at the end of any count, the number of votes credited to a candidate is greater than the quota the surplus shall be transferred, as in this Statute provided, to the continuing candidates for whom the next available preferences have been recorded on the voting papers in the parcel or sub-parcel last received by the elected candidate.(2)(a)If more than one candidate has surplus, the largest surplus shall be first dealt with.(b)If two or more candidates have each an equal surplus, the surplus of the candidate with the greatest number of votes at the first count at which the candidate in question has an unequal number of votes shall be first dealt with. When the number of votes credited to such candidates are equal at all counts, the Registrar shall determine by lot which surplus he will first deal with.(3)The Registrar shall not transfer a surplus when that surplus together with any other surplus not transferred, is less than the difference -(a)between the votes of the candidates lowest on the poll and the votes of the next highest candidate;Or(b)between the total of the votes of the two or more candidates lowest on the poll and the votes of the next highest candidate, provided that the exclusion from the poll of the aforesaid two or more candidates lowest on the poll shall not reduce the number of continuing candidates below the number of vacancies remaining to be filled.(4)(a)If the votes credited to an elected candidate consist of original votes only, the Registrar shall examine all the papers contained in the parcel of the elected candidate whose surplus is to be transferred.(b)If the votes credited to an elected candidate consist of original and transferred votes, or transferred votes only, the Registrar shall examine the papers contained in the sub-parcels last received by the elected candidate whose surplus is to be transferred.(c)In either case, the Registrar shall sort the transferable papers into sub-parcels according to the next available preferences recorded thereon, shall make a separate sub-parcel of the non-transferable papers and shall ascertain the number of papers in each sub-parcel of transferable papers.(5)If the total number of papers in the sub-parcels of transferable papers is equal to or less than the surplus, the Registrar shall transfer the whole of each sub-parcel of transferable papers to the continuing candidates indicated thereon as the elector's next available preference, and shall set aside as a separate parcel so many of the non-transferable papers as are not required for the quota of the elected candidate. The particular papers set aside shall be those last filed in the parcel of non-transferable papers.(6)(a)If the total number of transferable papers is greater than the surplus, the Registrar shall transfer from each sub-parcel of transferable papers to the continuing candidate indicated thereon as the elector's next available preference the number of papers which bears the same proportion to the number of papers in the sub-parcels as the surplus bears to the total number of transferable papers.(b)The number of papers to be transferred from each sub-parcel shall be ascertained by multiplying the number of papers in the sub-parcel by the surplus and dividing the result by the total number of transferable papers. A note shall be made of the fractional part, if any of each number so ascertained.(c)If, owing to the existence of such fractional parts, the number of papers to be transferred is less than the surplus, so many of these fractional parts taken in the order of their magnitude, beginning with the largest, as are necessary to make the total number of papers to be transferred equal to the surplus shall be reckoned as of the value of unity, and remaining fractional parts shall be ignored.(d)If two or more fractional parts are of equal magnitude, that fractional part shall be deemed to be the largest which arises from the largest sub-parcel, and if the sub-parcels in question are equal in size, the fractional part credited to the candidates with the greatest number of votes at the first count at which the candidates in question have an equal number of votes shall be deemed to be the largest. When the number of votes credited to such candidates are equal at all counts, the Registrar shall determine by lot which fractional part shall be deemed to be the largest.(e)The particular papers transferred from each such parcel shall be those last filed in the sub-parcel and each paper to transferred shall be marked in such a manner as to indicate the count at which the transfer took place.
