Section 386(3) in Selected Statutes (Statutes framed under the Bombay University Act, 1914)
(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.