Section 387 in Selected Statutes (Statutes framed under the Bombay University Act, 1914)
387.
(1)If, at the end of any count, no candidate has a surplus or if any existing surplus need not be and is not transferred, and one or more vacancies remain in to be filled, the Registrar shall exclude from the poll the candidate lowest on the poll.(2)If the total of the votes of the two or more candidates lowest on the poll, together with any surplus not transferred, is less than the number of votes credited to the next highest candidate the Registrar may at the same count exclude the aforesaid two or more candidates lowest on the poll, provided that the exclusion of these candidates shall not reduce the number of continuing candidates, below the number of vacancies remaining to be filled.(3)If, when a candidate has to be excluded, two or more candidates have each the same number of votes and are lowest on the poll, the candidates with the lowest number of votes at the first count at which the candidates in question have an unequal number of votes shall be excluded and when the number of votes credited to these candidates are equal at all counts, the Registrar shall determine by lot who shall be excluded.(4)Upon the exclusion of any candidate, the Registrar save as hereinafter provided, shall examine all the papers credited to that candidate shall sort the transferable papers into sub-parcels according to the next available preference recorded thereon for continuing candidates; shall transfer each sub-parcel to the candidate for whom that preference is recorded; and shall set aside as separate sub-parcel the non-transferable papers.
