Section 42 in The Bar Council of Bihar Election Rules, 1968
42. Transfer of surplus.
- (i) If the value of the Voting Paper credited to a candidate is greater than the quota, the surplus shall be transferred in accordance with the provision of this rule to the continuing candidates indicated on the Voting Papers of that candidate as being next in order of the Voter's 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 and two or more surpluses are equal regard shall be had to the original votes of each candidate, and the candidate for whom original votes are recorded 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)(a)If the surplus of any candidate to be transferred arise on the original votes only, the Returning Officer shall examine all the papers in the poll belonging to that candidate, divide the unexhausted papers into sub-parcels according to the next preference recorded thereon 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 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 unexhausted papers at the value at which they were received by the candidates whose surplus is being transferred.(d)If the value of the unexhausted paper is greater than the surplus, the Returning Officer shall transfer the sub-parcels 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.(v)If the surplus of any candidates to be transferred arises from transferred 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 paper into sub-parcels, according to the next preferences recorded thereon and then deal with the sub-parcel in the same manner as provided in the case of such parcel referred to in sub-rule 4.(vi)The papers transferred to each candidate shall be added in the form of a sub-parcel to the papers already belonging to such candidate.(vii)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.
