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Union of India - Section

Section 71 in Conduct of Elections Rules, 1961

71. Definitions.

- In this Part,-
(1)"continuing candidate" means any candidate not elected and not excluded from the poll at any given time;
(2)"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;
(3)"exhausted paper" means a ballot paper on which no further preference is recorded for a continuing candidate, provided that a paper shall also be deemed to have become exhausted whenever-
(a)the names of two or more candidates, whether continuing 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 ballot paper or by two or more figures;
(4)"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; "third preference" means the figure 3 set opposite the name of a candidate, and so on;
(5)"original vote", in relation to any candidate, means a vote derived from a ballot paper on which a first preference is recorded, for such candidate;
(6)"surplus" means the number by which the value of the votes, original and transferred, of any candidate exceeds the quota;
(7)"transferred vote", in relation to any candidate, means a vote the value or the part of the value of which is credited to such candidate and which is derived from a ballot paper on which a second or a subsequent preference is recorded for such candidate; and
(8)"unexhausted paper" means a ballot paper on which a further preference is recorded for a continuing candidate.