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Union of India - Section

Section 75 in Conduct of Elections Rules, 1961

75. Counting of votes where only one seat is to be filled.

(1)At any election where only one seat is to be filled, every valid ballot paper shall be deemed to be of the value of 1 at each count, and the quota sufficient to secure the return of a candidate at the election shall be determined as follows: -
(a)add the values credited to all the candidates under clause (c) of rule 74;
(b)divide the total by 2; and
(c)add 1 to the quotient ignoring the remainder, if any, and the resulting number is the quota.
(2)If, at the end of the first or any subsequent count, the total value of the ballot papers credited to any candidate is equal to, or greater than, the quota or there is only one continuing candidate, that candidate shall be declared elected.
(3)If, at the end of any count, no candidate can be declared elected, the returning officer shall-
(a)exclude from the poll the candidate who up to that stage has been credited with the lowest value;
(b)examine all the ballot papers in his parcels and sub-parcels, arrange the unexhausted papers in sub-parcels according to the next available preferences recorded thereon for the continuing candidates, count the number of papers in each such sub-parcel and credit it to the candidate for whom such preference is recorded, transfer the sub-parcel to that candidate, and make a separate sub-parcel of all the exhausted papers; and
(c)see whether any of the continuing candidates has, after such transfer and credit, secured the quota.
(4)If, when a candidate has to be excluded under clause (a) of sub-rule (3), two or more candidates have been credited with the same value and stand lowest on the poll, the candidate for whom the lowest number of original votes are recorded shall be excluded, and if this number also is the same in the case of two or more candidates, the returning officer shall decide by lot which of them shall be excluded.Counting of votes when more than one seat is to be filled