Section 3 in The Bar Council of Bihar Election Rules, 1968
3. Interpretation.
- In these Rules, unless the context otherwise requires-(a)"Act" means the Advocates Act, 1961.(b)"Advocate-General" means the Advocate-General for the State of Bihar.(c)"Bar Association" means a Bar Association included in the list kept by the Bar Council tor the purposes of these Rules.(d)"Bar Council" means the Bar Council for the State of Bihar.(e)"Casual Vacancy" means a vacancy that has been caused otherwise than by the expiry of the terms of office of a member.(f)"Chairman" means the Chairman of the Bar Council of the State.(g)"Clear days" means that time is to be reckoned exclusive of both the first and the last days.IllustrationThe election of members to a State Bar Council is fixed for the 15th January, 1965. Under the rules of the Bar Council Ballot Papers have to be despatched 10 clear days before the date of election. Consequently the last date for the despatch of Ballot Papers will be 4th January, 1965.(h)"Continuing candidate" means any candidate not elected and not excluded from the poll at any given time.(i)"Count" means:-(a)all the operations involved in the counting of the first preference recorded for candidates; or(b)all the operations involved in the transfer of the surplus of an elected candidate; or(c)all the operations involved in the transfer of the total value of votes of an excluded candidate;(d)all other operations involved in, incidental to, or necessary for the entire process of ascertainment of votes.(j)"Electoral Roll" means and includes the Roll containing the names of the Advocates prepared in accordance with the rules of the Bar Council of India in Part III, Chapter I.(The names of Advocates who on the date of nomination have been on the State Roll for at least 10 years should be indicated by an asterisk mark against their name.)(k)"Exhausted Paper" means a Ballot Paper on which no further preference is recorded for a continuing candidate, and includes a Ballot Paper on which.(a)the name of two or more candidates, whether continuing or not, are marked with same figure and next in order of preference, or,(b)the name of the candidate next in order of preference, whether continuing or not, is marked by a figure not following consecutively after some other figure on the Ballot Paper or by two or more figures.(c)there is such effacement, obliteration, erasure, or mutilation as to make any preferences other than the first preference ambiguous. In such cases only the preference which has become ambiguous and other preference thereafter would be treated as exhausted paper.(l)"First preference" means the figure '1' set opposite the name of a candidate. "Second preference" means, the figure "2" set opposite the name of a candidate. "Third preference" means the figure "3" set opposite the name of a candidate, and so on.(m)'Form' means a form prescribed under these Rules.(n)'Nomination paper' means the paper prescribed in Form A of the Rules.(o)'Original vote' in relation to any candidate, means a vote derived from a Ballot Paper on which a first preference is recorded for such candidates.(p)'Polling Officer' means person appointed as such by the Returning Officer and includes the person appointed by the Returning Officer to assist the Polling Officer.(q)'Presiding Officer' means the person appointed by Bar Council.(r)'Polling Station' or 'Polling Booth' means place or places to be fixed by Bar Council.(s)'Returning Officer' means the person appointed by the Bar Council as such to conduct and hold the election.(t)'Surplus' means the number by which the value of the votes, original and transferred, of any candidate exceed the quota.(u)'Transferred vote' in relation to any candidate, means a vote the value or part of the value of which is credited, and which is derived from a Ballot Paper on which a second or a subsequent preference is recorded for such candidate.(v)'Unexhausted Paper' means a voting paper on which a further preference is recorded fora continuing candidate.(w)'Voter' means a person whose name is included in the Electoral Roll, (x) 'Ballot Box' means any box, bag or other receptacle used for insertion of voting papers.(y)'State Roll' means the Roll of Advocate prepared and maintained by the Bar Council under Section 17 of the Advocates Act, 1961.
