Karnataka State Bar Council
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BAR COUNCIL OF INDIA RULES, 1975

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(i) when there are two or more candidates who have obtained more than the quota the candidate who cannot be declared elected under proviso (i) to rule 4(a) of these rules;
(ii) the candidates lowest in the poll in the following order, after all the surpluses have been transferred as provided in the rules of the State Council with regard to transfer of surplus and the number of candidates elected is less than the required number and after the exclusion from the poll; if any, under sub-clause (i) of this sub-rule.
First such candidates whose names are on the State Roll for less than 10 years, if the number of such candidates declared elected as provided for in these rules:
(a) 7 in the case of a State Council where in all 15 members have to be elected;
or
(b) 10 in the case of a State Council where in all 20 members have to be elected;
or
(c) 12 in the case of a State Council where in all 25 members have to be elected;
NEXT THE OTHER CANDIDATES
Illustration No 1: At an election to a State Council where under the Act and these rules, the total number of elected members is 20, 300 is arrived at as the quota. At the end of a count, when there is no further surplus to be distributed, M and N are the contesting candidates.
M whose name had not been on the State Rolls for at least 10 years gets 150, and N whose had been on the State Rolls for more than 10 years gets 100.
Only 9 candidates whose names have been on State Roll for at least 10 years have already been declared elected. Hence M has to be excluded and the voting papers of M will be thereafter transferred as provided for in these rules.
If in the same case, 10 candidates whose names have been on a State Roll for note less than 10 years had already been declared elected, N will be excluded. The voting papers of N will be transferred as provided in these rules.
Illustration No.2: At an election to a State Council where under the Act and these rules, the total number of elected members is 15,300 is arrived at as the quota. At the end of a count, when there is no further surplus to be distributed, M and N are the contesting candidates.
M whose name has not been on the State Rolls for at least 10 years gets 100.
N whose name has been on the State Rolls for more than 10 years gets 100. Only 7 candidates whose names have been on a State roll for at least 10 years have already been declared elected. Hence M has to be excluded and the voting papers of M will be thereafter transferred as provided in these rules.
If in the same case, 8 candidates whose names have been on a State roll for not less than 10 years had already. been declared elected, N will be excluded. The voting papers of N will be transferred as provided for in the rules.
Illustration No 3: At an election to a State Council where under the Act and these rules the total number of elected members is 25, 300 is arrived at as the quota. At the end of a count, when there is no further surplus to be distributed, M and N are the contesting candidates.
M whose name has not been on the State rolls for at least 10 years gets 150, and N whose name has been on the State rolls for more than 10 years gets 100.
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