then, the requisite number of candidates of such standing shall first be declared elected and only the balance from amongst other candidates shall be declared elected.
(2) When at the end of any count only one seat remains unfilled and the value of the papers of some one candidate exceeds the total value of the papers of all the other continuing candidates together with any surplus not transferred; that candidate shall be declared elected. Such candidate shall not, however, be declared elected if he had been on the State Roll for less than 10 years and if the total number of candidates so far declared from amongst advocates on the State Roll for at least 10 years as provided in these rules is less than 8 or 10 or 13 as aforesaid as the case may be.
(3) When at the end of any count only one seat remains unfilled and there are only 2 continuing candidates, and each of them has the same value of votes and no surplus papers can be transferred, the Returning Officer shall decide by lot which of them shall be excluded, and, after excluding him in the manner aforesaid, declare the other candidate to be elected:
PROVIDED that if the total number of candidates who have been on the State Roll for at least 10 years on the relevant date so far elected is less than the required number, then that candidate will be on that State roll for at least 10 years shall be declared elected and the other candidate shall be excluded.
Filling up vacancies or co-option
(4) In the case of any election to fill vacancy amongst the members of the State Council, or while co-opting a member, the State Council shall conform to the requirement of Section 3(2)(b) of the Act, and the principles laid down in these rules. Particulars regarding seats to be filled
(5) In the case of every election of members of a State Council, the State Council shall:
(a) notify the minimum number of seats should be filled up from amongst advocates who, on the relevant date, will be advocates on a State Roll for at least 10 years.
(b) require every candidate to specify in his nomination paper the date of his enrolment and the period for which his name had been on the roll of one or more High Courts under the Indian Bar Councils Act, 1926, and the roll or rolls of State Councils under the Advocates Act, 1961 with full particulars thereof.
(c) indicate on the voting paper which of the candidates have been on a State Roll for at least 10 years as required:
PROVIDED that this rule shall not be applicable to any election held by any State Council before these rules have come into force.
Computation of period
(6) For the purpose of computing the minimum period of 10 years provided for in the proviso to Section 3(2)(b) of the Act, and these rules:
(i) the period during which an advocate may have been on the roll of any other State Councilor Councils on the roll of any High Court or High Courts under the Indian Bar Councils Act, 1926, shalI'be taken into account, and
(ii) the period shall be computed as on the last date notified for receiving the nominations for the election.