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State of Rajasthan - Section

Section 22 in The Rajasthan Bar Council (First Constitution) Rules, 1961

22. Exclusion of candidates lowest on the poll.

(1)If, after all surpluses have been transferred as hereinbefore provided, the number of candidates elected is less than the required number, the Secretary shall exclude from the poll the candidate lowest on the poll and shall distribute his unexhausted papers among the continuing candidates according to the next preferences recorded thereon, and all exhausted papers shall be set apart as finally dealt with.
(2)The papers containing original votes of a excluded candidate shall first be transferred, the transfer value of each paper being one hundred.
(3)The papers containing transferred votes of an excluded candidate shall then be transferred in the order of the transfers in which, and at the value at which, he obtained them.
(4)Each of such transfers shall be deemed to be a separate transfer, but not a separate count.
(5)If, as a result of the transfer of papers, the value of votes obtained by a candidate is equal to or greater than the quota, the count then proceeding shall be completed, but no further papers shall be transferred to him.
(6)The process directed by this rule shall be repeated on the successive exclusions one after another of the candidates lowest on the poll until such seat is filled either by the election of a candidate with the quota or as hereinafter provided.
(7)If at any time it becomes necessary to exclude a candidate and two or more candidates have the same value of votes and are the lowest on the poll, regard shall be had to the original votes of each candidate and the candidate for whom lowest original votes are recorded shall be exclude; and if the values of their original votes are equal, the candidate with the smallest value at the earliest count at which these candidates had unequal values shall be excluded.
(8)If two or more candidates are lowest on the poll and each has the same value of votes at all counts, the Secretary shall decide by lot which candidate shall be excluded.