82678cajournal Nov2024 30
82678cajournal Nov2024 30
82678cajournal Nov2024 30
Transfer of Surplus and Subsequent (11) In the case of transfer of surplus of a candidate who
Counts was not elected at the first count but only as a result of
(5) Then starts the process of transfer of the surplus transfer of some votes to him at a subsequent count,
values of the votes of those candidates who have since the surplus arises out of the last sub-parcel of his
secured more than the quota at the first count. Their votes, it is only the last sub-parcel that is scrutinised
cases are taken one by one in the strict order of the and the unexhausted votes contained therein which are
value of their votes, the largest surplus being dealt capable of further transfer are revalued, in the manner
with first. In case no candidate obtains the quota in stated in para 7.1 and 7.2 above, and then transferred
the first count, exclusion of candidates is resorted to to the candidates marked next in order of preference. If
(see para 12). there is no vote in the last sub-parcel which is capable
of further transfer, the whole of the surplus is treated as
(6) The votes of the candidate whose surplus is to be loss in value.
transferred are scrutinized and all those votes which
are capable of being transferred (viz., on which the Exclusion of Candidates
next preference is marked for a candidate, who has not (12) When there is no surplus left for transfer and the
already been elected, or if the next preference is marked number of candidates elected is less than the number
for an elected candidate, the preference marked next of seats, the exclusion of candidates is resorted to. The
to that and so on) are separated. The remaining votes process of exclusion comprises the transfer of votes
which are not capable of further transfer are set aside (both original and transferred) of the candidate to be
and treated as exhausted. excluded to the candidates marked next in order of
preference and who have not already been elected or
(7.1) Before the votes are transferred to the candidates excluded.
marked next in preference, a new value of each vote
is worked out. This value is arrived at by dividing the (13) The candidate, the value of whose votes is lowest
total surplus of the candidate by the number of votes at the time of exclusion, is first excluded.
to be transferred, the remainder being ignored, subject (14) The parcels and the sub-parcels of the votes of
to the condition that the new value does not exceed the candidates to be excluded are taken up one by
the original value at which the vote was received by the one in the order in which they were received and the
candidate whose surplus is being transferred (viz., 100 votes contained in each parcel and sub-parcel which
in the case first preference votes). are capable of further transfer are transferred to the
(7.2) Thus, if after the first count, a candidate has a surplus candidates marked next in order of preference at the
of 3200 and there are 75 votes in his parcel which are same value at which they were received by him. Each
capable of being transferred each vote will be transferred parcel and sub-parcel is dealt with separately. It is only
at the new value of (3200/75) 42. The remainder of 50 after the parcel and all the sub-parcels have been duly
[3200-(75x42)=50] is treated as loss in value. transferred that count is completed.
(8) The votes under transfer are then divided into parcels (15) If, as a result of transfer of votes of a parcel, or a
according to the candidates to whom they are to be sub-parcel, any other candidate secures the quota and
transferred. The parcels of the transferred votes are also is elected, the count in progress is completed but no
added as sub parcels to the parcels of original (viz., first further votes are transferred to the elected candidate
preference) votes of the candidates concerned. The from the subsequent sub-parcels. The following
total value of the votes going to particular candidate is example would make it clear. Let us suppose that the
obtained by multiplying the new value of each vote by votes of candidate “A” who is to be excluded consist
the number of votes going to him and is added to the of the original parcel and two sub-parcels subsequently
value of his original votes. The result of the transfer is transferred to him. Suppose as a result of the transfer
then struck out and the candidates who obtain at this of votes contained in the original parcel, another
stage the “quota” are also declared as elected. candidate “B” gets elected. Then the remaining two
sub-parcels will be dealt with one by one but no vote
(9) This process of transfer of the surpluses of the therefrom will be transferred to candidate “B” and
elected candidates continues till the required number such of the votes as would have normally gone to “B”
of candidates are elected or till all the surpluses have will now be straightaway transferred to the candidates
been dealt with. marked next to “B” in the order of preference on the
respective votes.
(10) As already stated, the surpluses are transferred in
the strict order of their value but all surpluses arising at (16) The process of exclusion continues till the requisite
an earlier count are disposed off before the surpluses number of candidates has been elected or the number
arising out of subsequent counts are taken up. of candidates left in the field (i.e., the continuing
candidates) is equal to the number of vacancies still to field, including the surplus of any candidate not yet
unfilled. transferred, that candidate is declared as elected.
(17) If, as a result of any exclusion, another candidate (20) If, when there is more than one surplus to
gets the quota and is thus elected, no further exclusion distribute, two or more surpluses are equal, or if at any
is done till the surplus of the elected candidate has time it becomes necessary to exclude a candidate and
been transferred and it becomes necessary thereafter two or more candidates have the same values of votes
again to resort to exclusion. In other words, candidate and are lowest on the poll, regard shall be had to the
is to be excluded only when there is no surplus to be original votes of each candidate, and the candidate for
transferred. whom fewest original votes are recorded shall have his
surplus first distributed, or shall be first excluded as the
(18.1) If, at any time during the course of counting of
case may be. If the values of their original votes are
votes, the number of candidates remaining in the field
equal, the Returning Officer shall decide by lot which
is reduced to the number vacancies not yet filled, all
candidate shall have surplus distributed or be excluded.
those candidates are declared as elected without
resorting to any further calculations. (21) When after counting of votes, a tie is found to exist
between candidates, regard is given to the original
(18.2) It, therefore, follows that a candidate may be
votes and if the original votes are also equal, then
elected even though he does not get the required
the process of draw of lots is resorted to. In case of
quota.
tie amongst more than two candidates, the candidate
(19) If at a particular time, only one vacancy is unfilled whose slip is picked up is excluded from the poll. If the
and the value of votes (both original and transferred) of tie is between two candidates, the candidate whose slip
anyone continuing candidate at that time exceeds the is picked remains in the poll or declared as successful,
total value of votes of all the other candidates left in as the case may be.
16. 439496 JAGETIYA DEEPAK KUMAR 24. 436414 PATHAK PANKAJ KUMAR
53 1ST FLOOR 117/170 M-BLOCK
PANNADHAY COLONY KAKADEO
CHITTORGARH – 312001 KANPUR – 208019 (UTTAR
(RAJASTHAN) PRADESH)
21. 516082 KUMAR DHIRENDRA * The Nomination of CA. Gupta Ruchi Membership No.
MAHAVIR MARKET 1ST FLOOR 514031 is provisionally accepted in compliance with the
PURANI KACHAHARI ROAD interim order dated 19.10.2024 WP(C) No 16234/2024
NAWADAH – 805110 (BIHAR) of the Hon’ble High Court of Rajasthan at Jaipur.