44. (i) If and when as a result of any operation prescribed by these Regulations, a candidate has a surplus, that surplus shall be transferred in accordance with the provisions of this Regulation.
(ii)If, in ascertaining the number of ballot papers to be transferred from a sub-bundle fractional part are found to exist and, if owing to the existence of such fractional parts, the number of ballot papers to be transferred is less than the surplus, as many of these fractional parts, taken in the order of their magnitude, beginning with the largest, as are necessary, to take the total number of ballot papers to be transferred equal to the surplus, shall be reckoned as of the value of unity and the remaining fractional parts shall be ignored. If two or more fractional parts are of the equal magnitude, that fractional part shall be deemed to be the larger which arises from the larger sub-bundle, and if the sub-bundles in question are equal in the size, presence shall be given to the candidate who obtained the larger number of original votes.(iii)(a)If more than one candidate has a surplus, the largest surplus shall be dealt with first and the others in order of magnitude; provided that every surplus arising on the first count of votes shall be dealt with before those arising on the second count, and so on.(b)This procedure shall also be followed for the votes of a candidate who has secured votes equal to or greater than the quota, but cannot be elected because other members securing more votes have been deemed to have been elected according to the number of seats reserved for the particular State/Union Territory, his votes shall be transferred to the continuing candidate of any of the other State/Union Territory indicated on the Ballot Paper as next in the order of the voter's preference and for this the manner prescribed in Regulation 47 shall be followed.(iv)Where two or more surpluses are equal, the Returning Officer shall decide, as hereinafter provided, which shall be first dealt with.This shall also apply for the votes of a candidate who has secured votes which are equal to or greater than the quota, but cannot be elected because other members securing more votes have been deemed to have been elected according to the number of seats reserved for the particular State/Union Tettiroy, his votes shall be transferred to the continuing candidate of any other State/Union Territory indicated on the Ballot Paper as next in the order of the voter's preference and for this the manner prescribed in Regulation 47 shall be followed.(v)(a)(i)If the surplus of any candidate to be transferred arises from original votes only, all the ballot papers, in the bundle belonging to the candidate whose surplus is to be transferred shall be examined and the unexhausted ballot papers divided into sub-bundles according to the next preference recorded therein. A separate sub-bundle shall also be made of the exhausted ballot papers.(ii)This shall also apply for the votes of a candidate who has secured votes which are equal to or greater than the quota, but cannot be elected because other members securing more votes have been deemed to have been elected according to the number of seats reserved for the particular State/Union Territory, his votes shall be transferred to the continuing candidate of any of the other State/Union Territory indicated on the Ballot Paper as next in the order of the voter's preference, and for this the manner prescribed in Regulation 47 shall be followed.(b)The number of the ballot papers in each sub-bundle and the total of all the unexhausted ballot papers shall then be ascertained.(c)If the total number of the unexhausted ballot papers is equal to or less than the surplus, all the sub-bundles shall be transferred to the continuing candidates.(d)If the value of the unexhausted papers is greater than the surplus, the sub-bundle of unexhausted papers shall be transferred, and the value at which each paper shall be transferred shall be ascertained by dividing the surplus by the total number of unexhausted papers.(vi)If the surplus of any candidate to be transferred arises from transferred as well as original votes, all the ballot papers in the sub-bundle last transferred to the candidate shall be re-examined and the unexhausted ballot papers divided into sub-bundles according to the next preference recorded thereon. The sub-bundle shall be dealt with in the same manner as is provided in the case of the sub-bundle referred to in clause (v).(vii)The ballot papers transferred to each candidate shall be added in the form of a sub-bundle to the ballot papers already belonging to such candidates.(viii)All ballot papers in the bundles or sub-bundles of an elected candidate not transferred under this Regulation shall be set aside as finally dealt with.
