Section 45 in The Bar Council of Bihar Election Rules, 1968
45. Filling the last vacancies.
(1)When at the end of any count, the number of continuing candidates is reduced to the number of seats remaining unfilled the continuing candidates shall be declared elected subject to the following:-If the total number of candidates so far declared elected from amongst the advocates on the State Roll for at least 10 years at the relevant date is less than 10, the requisite number of such candidates shall first be declared elected and only the balance from amongst other candidates shall be declared elected.(2)When at the end of any count only one seat remains unfilled and the value of the papers of some one candidate exceeds the total value of the papers of all the other continuing candidates together with any surplus not transferred, that candidate shall be declared elected. Such candidates shall not, however, be declared elected if he has been on the State Roll for less than 10 years and if the total number of candidates so far declared elected from amongst advocates on the State Roll for at least 10 years as provided in these rules, is less than 10 as aforesaid.(3)When at the end of any count only one seat remains unfilled and there are only 2 continuing candidates, and each of them has the same value of votes and no surplus papers can be transferred, the Returning Officer shall decide by lot which of them shall be excluded, and after excluding him in the manner aforesaid declare the other candidate to be elected :Provided that if the total number of candidates who have been on the State Roll for at least 10 years on the relevant date so far elected is less than the required number, then that candidate who will be on the State Roll for at least 10 years shall be declared elected and the other candidate shall be excluded.(4)In the case of any election to fill a vacancy amongst the members of the State Bar Council or while co-opting a member, the State Bar Council shall conform to the requirement of Section 3(2) of the Act and the principles laid down in these rules.(5)In the case of every election of member of a State Bar Council, the State Bar Council shall-(a)notify the minimum number of seats that should be filled up from amongst advocates who on the relevant date will be advocates on a State Roll for at least 10 year.(b)require every candidate to specify in his nomination paper the date of this enrolment and the period for which his name had been on the roll of one or more High Court under the Indian Bar Council Act, 1926, and the roll or rolls of State Bar Councils under the Advocates Act, 1961 with full particulars thereof.(c)indicate on the voting paper which of the candidates have been on a State Roll for at least 10 years as required.(6)For the purposes of computing the minimum period of 10 years provided for in the proviso to Section 3(2) of the Act and these rules.(i)the period during which an advocate may have been on the roll of any other State Bar Council or on the roll of any High Court or High Courts under the Indian Bar Council Act, 1926 shall be taken into account, and(ii)the period shall be computed as on the last date notified for receiving the nominations for the election.
