Section 43 in The Bar Council of Bihar Election Rules, 1968
43. Exclusion of candidates lowest on the poll.
- The Returning Officer conducting the election shall exclude from the poll the following :(i)If there are more candidates who have obtained more than the quota the candidate who cannot be declared elected under proviso (i) to Rule 41 of these rules,(ii)The candidates lowest in the Poll in the following order after all the surpluses have been transferred as provided in these rules with regard to transfer of surplus, and the number of candidates elected is less than the required number, and after the exclusion from the poll, if any, under sub-clause (i) of this rule,First such candidates as are advocates on a State Roll for less than 10 years, if the number of candidates who have been advocates on a State Roll for at least 10 years required by the Proviso to Sec. 3 (2) of the Act already declared elected is less than 10 in number.Next the other candidates.IllustrationsAt an election to the Bar Council if 30 is arrived at as the quota, at the end of a count, when there is no further surplus to be distributed, M and N are the contesting candidates.M (who has not been on the State Roll for at least 10 years get 150) andN (who has been on the State Roll for at least 13 years or more) gets 100.Only 9 candidates who have been advocates on State Roll for at least 10 years have already been declared elected. Hence N has to be excluded and the voting papers of M will be thereafter transferred as provided in these rules.If in the same case 10 candidates who have been advocates on a State Roll for at least 10 years had already been declared elected, N will be excluded.The Voting Papers of N will be transferred as provided in rule (ii).(i)The Returning Officer shall distribute the unexhausted papers of the candidates excluded under these rules among the continuing candidates according to the next preference recorded therein and all exhausted papers shall be set apart as finally dealt with.(ii)The papers containing original votes of an excluded candidate shall first be transferred, the transfer value of such paper being one hundred.(iii)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.(iv)Each of such transfers shall be deemed to be a separate transfer, but not a separate count.(v)If, as a result of the transfer of paper, the value of the votes obtained by a candidate is equal to or greater than the quota, the counting then proceeding shall be completed, but no further papers shall be transferred to him.(vi)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 otherwise provided in these rules.(vii)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 their original votes are equal, the candidate with the smallest value at the earliest count at which these candidate had unequal votes shall be excluded.(viii)If two or more candidates are lowest on the poll and each has the same value of votes at all counts the Returning Officer shall decide by lot which candidate shall be first excluded.(ix)If during a count, any candidate getting the quota or more has to be excluded by reason of rule 41 above, the transfer of his votes shall be deferred and made immediately after the other candidates having got the above quota in that count are declared and their votes transferred as provided for in these rules.
