Section 21 in The Bar Council of Uttar Pradesh (Constitution and Conduct of Business) Rules, 1963
21. 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 Returning Officer 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 an 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shall be completed, but no further papers shall be transferred to him.(6)The process directed by this rule shall be repealed on the successive exclusions one after another of the candidates lowest on the poll until such seat is filled either by the election of a candidate with the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 of as hereinafter provided.(7)If at any time it becomes necessary to exclude a candidate and two or more candidates have the same value or votes and are the lowest on the poll, regard shall be had to the original votes of each candidate and the candidate for whom fewest original votes are recorded; 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 Returning Officer shall decide by lot which candidate shall be excluded.
