Only 12 candidates whose names have been on a State roll for at least 10 years have already been declared elected. Hence M had to be excluded and the voting papers of M will be thereafter transferred as provided for in these rules.
If in the same case, 13 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 these rules.
(2)(i) The Secretary or other Returning Officer shall distribute the unexhausted papers of the candidates excluded under the rule among the continuing candidates according to the next preference recorded therein and all exhausted papers shall be set apart finally dealt with.
(ii) The papers containing original votes of an excluded candidate shall first be transferred, the transfer value of each paper being one hundred.
(iii) The papers containing votes of an excluded candidate shall then be trans ferred in the order of the transfers in which and at the value at which he obtained them.
(iv) Each of such transfers shall be deemed to be a separate transfer, but not a separate count.
(v) If, as a result of the transfer of papers, the value of the votes obtained by a candidate is equal to or greater than the quota, the counting then proceeding shall be completed, but no further papers shall be transferred to him.
(vi) The process directed by this rule shall be repeated on the successive exclusion one after another of the candidates lowest on the poll until such seat is filled either by the election of a candidate with the quota or as otherwise provided in these rules.
(vii) If at any time it becomes necessary to exclude a candidate and two or more candidates have the same value of votes and are the lowest on the poll, regard shall be had to the original votes of each candidate and the candidate for whom fewest original votes are recorded, and if the values of their original votes are equal, the candidate with the smallest value at the earlier count at which the candidates had unequal votes shall be excluded.
(viii) If two or more candidates are lowest on the poll and each had the same value of votes at all counts, the Returning Officer shall decide by lot which candidate shall be excluded.
(ix) If during a count, any candidate getting the quota or more has to be excluded by reason of rule 4(a) above, the transfer of his votes shall be deferred and made immediately after the other candidate having got the above quota in that count are declared, and their votes transferred as provided for in the Rules.
Filling last vacancies
(c) (1) When at the end of any count the number of the continuing candidates is reduced to the number of seats remaining unfilled, the continuing candidate shall be declared elected subject to the following:
If the total number of candidates so far declared elected from amongst the advocates whose names have been on the State roll for at least 10 years at the relevant date is less than
(i) 8 in the case of a State Council where 15 members are to be elected, or
(ii) 10 in the case of a State Council where 20 members are to be elected, or
(iii) 13 in the case'of the State Council where 25 members are to be elected,