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State of Uttar Pradesh - Section

Section 3 in The Bar Council of Uttar Pradesh Election Rules, 1968

3. Interpretation.

- In these rules, unless the context otherwise requires-
(a)"Act" means the Advocates Act, 1961;
(b)"Advocate-General" means the Advocate-General for the State of Uttar Pradesh;
(c)"Bar Association" means a Bar Association registered under the Indian Societies Act, 1860 and also registered by the State Bar Council in accordance with the rules framed by the State Bar Council for the purpose of these rules;
(d)"Bar Council" means the Bar Council for the State of U.P.;
(e)"Casual Vacancy" means a vacancy that has been causal; otherwise than by the expiry of the term of office of a member;
(f)"Chairman" means the Chairman of the Bar Council of the State of U.P.
(g)"Clear days" means that time is to be reckoned exclusive of both the first and the last days;
Illustration. - The election of members to a State Bar Council is fixed for the 15th January, 1965. Under the rules of the Bar Council, ballot papers have to be despatched 10 clear days before the date of election. Consequently the last date for the despatch of ballot papers will be 4th January, 1965.
(h)"Continuing candidate" means any candidate not elected and not excluded from the poll at any given time;
(i)"Count" means-
(a)all the operations involved in the counting of the first preferences recorded for candidates, or
(b)all the operations involved in the transfer of the surplus of an elected candidate, or
(c)all the operations involved in the transfer of the total value of votes of an excluded candidate, or
(d)all other operations involved in, incidental to, or necessary for the entire process of ascertainment of votes,
(j)"Electoral roll" means and includes the roll containing the names of the Advocates prepared in accordance with the rules of the Bar Council of India in Part III, Chapter I.
(k)"Exhausted Paper" means a voting appear on which no further preference is recorded for a continuing candidate and includes a paper votings on which-
(a)the names of two or more candidates whether counting or not are marked with the same figure and are next in order of preference, or
(b)the name of the candidate next in order of preference whether continuing or not, is marked by a figure not following consecutively after some other figure on the voting paper or by two or more figures; or
(c)there is such effacement, obliteration, erasure, or mutilation as to make any preferences other than the first preference ambiguous.
(l)"First Preference" means the figure '1' set opposite the name of a candidate;
"Second Preference" means the figure '2' set opposite the name of a candidate; and "third preference" means the figure '3' set opposite the name of a candidate, and so on;
(m)"Form" means a form prescribed under the rules;
(n)"Original Vote" in relation to any candidate, means a vote derived from voting paper on which a first preference is recorded for such candidate;
(o)"Presiding Officer" means a person appointed as such by the Returning Officer and Polling Officer means a person appointed by the Returning Officer or by the Presiding Officer to assist him;
(p)"Returning Officer" means the person appointed by the Bar Council as such to conduct an election;
(q)"Surplus" means the number by which the value of the vote, original and transferred, of any candidate exceeds the quota;
(r)"Transferred Vote" in relation to any candidate means a vote the value or part of the value of which is credited to such candidate and which is derived from a voting paper on which a second or a subsequent preference is recorded for such candidate;
(s)"Unexhausted Paper" means a voting paper on which a further preference is recorded for a continuing candidate;
(t)"Voter" means a person whose name is included in the Electoral Roll;
(u)"Enrolment number" means the number at which the name of an Advocate is entered in the roll of Advocates maintained by the Bar Council;
(v)"Quota" means the lowest value of votes sufficient to secure the return of a candidate;
(w)"Electoral Roll" means the list of voters prepared district wise under rules;
(x)"Secretary" means the Secretary of the Bar Council or any other person appointed by the Bar Council to perform the duties of Secretary.