Section 25 in Orissa State Bar Council Rules, 1989
25. Transfer of surplus.
- (i) If after exclusion of any candidate under Rule 30 at the end of any count, the value of the voting paper credited to a candidate is greater than the quota, the surplus shall be transferred in accordance with the provisions of this rule to the continuing candidates indicating on the voting papers of that candidates as being next in the orders of the Voters preference.(ii)If more than one candidate have a surplus, the surplus shall be dealt with first and the others in order of magnitude.Provided that :Every surplus arising on the first count shall be dealt with before those arising on the second count and so on.(iii)Where there are more surpluses than one to distribute two or more surpluses are equal, regard shall be had to the original votes of each candidates, and the candidates for whom original votes are recorded shall have his surplus first distributed the value of the original votes is equal, the Returning Officer shall decide by lot which candidate shall have his surplus first distributed, and if the value of the original votes is equal, the Returning Officer shall decide by lot which candidate shall have his surplus first distributed.(iv)If the surplus of any candidate to be transferred arises on the original votes only, the Returning Officer shall examine all the papers in the poll belonging to that candidate, divided the unexhausted papers into sub-parcels according to the next preference recorded there on and make a separate sub-parcel of the exhausted papers.(b)The Returning Officer shall ascertain the value of the papers in each sub-parcel and of all the unexhausted papers.(c)If the value of the unexhausted papers is equal to or less than the surplus, the Returning Officer shall transfer all the exhausted papers at the value at which they were received by the candidate whose surplus is being transferred.(d)If the value of the unexhausted papers is greater than the surplus, the Returning Officer shall transfer the sub-parcel of the unexhausted papers and the value at which each paper shall be transferred shall be ascertained by dividing the surplus by the total number of unexhausted papers.(e)If the surplus of any candidate is to be transferred/arises from transfer as well as Original votes, the Returning Officer shall re-examine all the papers in the sub-parcel, last transferred to the candidate, divide the unexhausted papers into sub-parcels according to the next preference recorded thereon, and then deal with the sub-parcel in the same manner as is provided in the case of such parcel referred to in Sub-rule (4).(f)The papers transferred to each candidate shall be added in the form of a sub-parcel to the papers already belonging to such candidate.(g)All papers in the parcel or sub-parcel of an elected candidate not transferred under this rule shall be set apart as finally dealt with.
