(1) If at the end of any count the value of ballot paper credited to a candidate is greater than the quota, the surplus shall be transferred, in accordance with the provision of this rule, to the continuing candidates indicated on the ballot papers of that candidate as being next in order of the elector's preference.
(2) if more than one candidate have a surplus, the largest surplus shall be dealt with first and the others in order of magnitude:-
Provided that every surplus arising on the first count shall be dealt with before those arising on the second count and so on.
(3) where there are more surplus, than one to distributed and two or more surpluses are equal, regard shall be had to the original votes of each candidate and the candidate for whom most original votes are recorded shall have his surplus first distributed rand if the values of their original votes are equal, the Director shall declare by lot which candidate shall have surplus first distributed.
(4) (a) If the surplus of any candidate to be transferred arises from original votes only, the Director shall examine all the papers in the parcel belonging to that candidate, divide the unexhausted paper into sub-parcel according to the next preference recorded thereon and make a separate sub-parcel of the exhausted papers.
(b) He shall, ascertain the value of the papers in each sub-parcel and of all the unexhausted papers.
(c) If the value of the unexhausted papers is equal to or less than the surplus, he shall transfer all the unexhausted papers at the value at which they were received by the candidate whose surplus is being transferred.
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(d) If the value of the unexhausted papers is greater than the surplus, he shall transfer the subparcel of unexhausted papers, and the value at which each paper shall be transferred, shall be ascertained by dividing the surplus by a total number of unexhausted papers.
(5) If the surplus of any candidate to be transferred arises from transferred as well as original votes, the Director shall re-examine all the papers in the sub-parcel last transferred to the candidate, divide the unexhausted papers into sub-parcels according to the next preference recorded thereon, and then deal with the sub-parcels in the same manner as is provided in the case of sub-parcels referred to in sub-rule (4).
(6) The papers transferred to each candidate shall be added in the form of a sub-parcel to the papers already belonging to such candidate.
(7) All papers in the parcel or sub-parcel of a candidate elected not transferred under this rule shall be set apart as finally dealt with.
35 . Exclusion of candidates lowest on the poll. - (1) If after all surpluses have been transferred as herein before provided, the number of candidate elected is less than the required number, the Director shall exclude from the poll the candidate lowest on the poll and shall distribute his unexhausted papers among the continuing candidates according to the next preference recorded thereon : and any exhausted papers shall be set apart as finally dealt with.
(2) The papers containing original votes of an excluded candidate shall first be transferred, the transfer value of each paper being one hundred.
(3) The papers containing transferred votes of an excluded candidate shall then be transferred in order of the transfers in which, and at the value at which, he obtained them.
(4) Each of such transfers shall be deemed to be a separate transfer but not a separate count
(5) If as a result of transfer of papers, the value of votes obtained by a candidate is equal to or greater than the quota, the count then proceeding shall be completed but no further papers shall be transferred to him.
(6) The process directed by this rule shall be repeated on the successive exclusions one after another of the candidates lowest on the poll until such vacancy is filled either by the election of a candidate with the quota or as hereinafter provided.
(7 ) 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 shall be excluded; and if the values of their original votes are equal, the candidates with the smallest value at the earliest count at which these candidates had —cojinl values shall be excluded.
( t ) If two or more candidates are lowest on the poll and each has the same value of votes at all counts the Director shall decide by lot which candidate shall be excluded.
36 . Filling the last vacancies. - (1) when at the end of any count the number of continuing candidates is reduced to the number of vacancies remaining unfilled, the continuing candidates shall be declared elected.
10 DELHI CAZETTE EXTRAORDINARY [PART IV
(2) when at the end of any count only one vacancy remains unfilled and the value of the papers of some one candidates 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.
(3) When at the end of any count only one vacancy remains unfilled and there are only two continuing candidates and each of them has the same value of votes and no surplus remains capable of transfer, the Director 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.