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State of Maharashtra - Section

Section 354 in Selected Statutes (Statutes framed under the Bombay University Act, 1914)

354.

In these Statutes, unless there is anything repugnant in the subject or context,
(1)The expression "elector" with reference to the election of any authority or body means any person or a public association or body entitled to vote as such an election :
(2)The expression "continuing candidate" means any candidate not elected or not excluded from the poll at any given time;
(3)The expression "first preference" means the figure "1" standing alone opposite the name of a candidate, "second preference" means the figure "2" standing alone opposite the name of the candidate in succession to the figure "1", "third preference" means the figure "3" standing along opposite the name of a candidate in succession to the figures "1" and "2" and so on, on the voting paper;
(4)The expression "next available preference" means a second or subsequent preference recorded in consecutive numerical order for a continuing candidate, the preferences, next in order on voting paper for candidates already elected or excluded from the poll being ignored;
(5)The expression "transferable paper" means a voting paper on which, following the first preference, a second or subsequent preference is recorded in consecutive numerical order for a continuing candidate;
(6)The expression "non-transferable paper" means a voting paper on which no second or subsequent preference is recorded for a continuing candidate :Provided that, a paper shall be deemed to have become a non-transferable paper whenever-
(a)the names of two or more candidates (whether continuing or not) as marked with the same number, and are next in order of preference;
(b)the name of the candidate next in order of preference (whether continuing or not) is marked.
(i)by a number not following consecutively after some other number on the voting paper;
Or
(ii)by two or more numbers.
(c)for any other reason it cannot be determined for which of the continuing candidates the next available preference of the elector is recorded.
(7)The expression "original vote" in regard to any candidate means a vote derived from a voting paper on which a first preference is recorded for that candidate;
(8)The expression "transferred vote" in regard to any candidate means a vote derived from a voting paper on which a second or subsequent preference is recorded for that candidate;
(9)The expression "quota" means the number of votes sufficient to secure the election of a candidate, determined at each election by dividing the total number of a valid votes cast at an election by the number of vacancies to be filled plus one at that election made by adding one to the result so arrived at. Any fractional remainder in doing so shall be disregarded.
(10)The expression "surplus" means the number of votes by which the total number of original and transferred votes, credited to any candidate, exceeds the quota;
(11)The expression "count" means :
(a)all the operations involved in the counting of the five preferences recorded for candidates;
Or
(b)all the operations involved in the transfer of the surplus votes of an elected candidate;
Or
(c)all the operations involved in the transfer of the vote of an excluded candidate or of two or more candidates excluded together.