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The Bar Council of Bihar Election Rules, 1968
The Bar Council of Bihar Election Rules, 1968
Sections
1. Short title and commencement.
Section 13. Interpretation.
Section 34. Time and place of Election.
Section 45. Method of Election.
Section 56. Notice of publication of Electoral Roll and correction thereto.
Section 67. Notice and programme of Election.
Section 78. Candidate.
Section 89. Candidate how to be proposed.
Section 910. Doubt as to validity of proposals.
Section 1011. Withdrawal from Election.
Section 1112. Declaration with number of candidates is equal to the number of seat.
Section 1213. Publication of list of candidates.
Section 1314. Returning Officer, Presiding Officer and Polling Officer.
Section 1415. Form of Voting Paper.
Section 1516. Voting in person.
Section 1617. Polling Station for voters voting in person.
Section 1718. Second Voting Paper not to be issued.
Section 1819. Despatch of Voting Papers.
Section 1920. Screened space.
Section 2021. Authorised representatives of candidates.
Section 2122. Admission to Polling Station.
Section 2223. No canvassing in Polling Station.
Section 2324. Identification of voters.
Section 2425. Supply of Voting Papers to voters voting in person.
Section 2526. Casting of votes.
Section 2627. Casting of votes by infirm persons.
Section 2728. Challenge as to identity of person falsely claiming to be voter.
Section 2829. Supply of fresh Ballot Paper in certain cases and return of Ballot Paper by an Elector.
Section 2930. Votes and preference to be exercised by voters.
Section 3031. Ballot Papers when invalid.
Section 3132. Sealing of Ballot Papers.
Section 3233. Delivery of sealed Steel-Boxes and their safe keeping.
Section 3334. Adjournment of poll in emergencies.
Section 3435. Fresh poll in case of destruction, etc. of Ballot Boxes.
Section 3536. Same rules to Apply in adjourned or fresh poll.
Section 3637. Time, place and date for the counting of votes.
Section 3738. Admission to the place fixed for counting.
Section 3839. Arrangement of valid voting papers in parcels.
Section 3940. Ascertainment of quota.
Section 4041. Candidates with quota to be elected.
Section 4142. Transfer of surplus.
Section 4243. Exclusion of candidates lowest on the poll.
Section 4344. Transfer when to be discontinued.
Section 4445. Filling the last vacancies.
Section 4546. Fraction etc. to be disregarded.
Section 4647. Petition for re-counts.
Section 4748. Determination of result and publication thereof.
Section 4849. Disputes as to the validity of election.
Section 4950. Rules for filling up casual vacancy.
Section 5051. Rules for election of Chairman and Vice-Chairman:
Section 51
the-bar-council-of-bihar-election-rules-1968.json
•
50 Sections
•
Bihar
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"title": "The Bar Council of Bihar Election Rules, 1968",
"short_title": "The Bar Council of Bihar Election Rules, 1968",
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"act_year": 1968,
"act_type": "STATE",
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"description": "The Bar Council of Bihar Election Rules, 1968",
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"number": "1",
"title": "1. Short title and commencement.",
"chapter": null,
"content": "2.",
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"number": "3",
"title": "3. Interpretation.",
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"content": "(a) \"Act\" means the Advocates Act, 1961.\n(b) \"Advocate-General\" means the Advocate-General for the State of Bihar.\n(c) \"Bar Association\" means a Bar Association included in the list kept by the Bar Council tor the purposes of these Rules.\n(d) \"Bar Council\" means the Bar Council for the State of Bihar.\n(e) \"Casual Vacancy\" means a vacancy that has been caused otherwise than by the expiry of the terms of office of a member.\n(f) \"Chairman\" means the Chairman of the Bar Council of the State.\n(g) \"Clear days\" means that time is to be reckoned exclusive of both the first and the last days.\nIllustration\nIllustration\n(h) \"Continuing candidate\" means any candidate not elected and not excluded from the poll at any given time.\n(i) \"Count\" means:-\n(a) all the operations involved in the counting of the first preference recorded for candidates; or\n(b) all the operations involved in the transfer of the surplus of an elected candidate; or\n(c) all the operations involved in the transfer of the total value of votes of an excluded candidate;\n(d) all other operations involved in, incidental to, or necessary for the entire process of ascertainment of votes.\n(j) \"Electoral Roll\" means and includes the Roll containing the names of the Advocates prepared in accordance with the rules of the Bar Council of India in Part III, Chapter I.\n(k) \"Exhausted Paper\" means a Ballot Paper on which no further preference is recorded for a continuing candidate, and includes a Ballot Paper on which.\n(a) the name of two or more candidates, whether continuing or not, are marked with same figure and next in order of preference, or,\n(b) the name of the candidate next in order of preference, whether continuing or not, is marked by a figure not following consecutively after some other figure on the Ballot Paper or by two or more figures.\n(c) there is such effacement, obliteration, erasure, or mutilation as to make any preferences other than the first preference ambiguous. In such cases only the preference which has become ambiguous and other preference thereafter would be treated as exhausted paper.\n(l) \"First preference\" means the figure '1' set opposite the name of a candidate. \"Second preference\" means, the figure \"2\" set opposite the name of a candidate. \"Third preference\" means the figure \"3\" set opposite the name of a candidate, and so on.\n(m) 'Form' means a form prescribed under these Rules.\n(n) 'Nomination paper' means the paper prescribed in Form A of the Rules.\n(o) 'Original vote' in relation to any candidate, means a vote derived from a Ballot Paper on which a first preference is recorded for such candidates.\n(p) 'Polling Officer' means person appointed as such by the Returning Officer and includes the person appointed by the Returning Officer to assist the Polling Officer.\n(q) 'Presiding Officer' means the person appointed by Bar Council.\n(r) 'Polling Station' or 'Polling Booth' means place or places to be fixed by Bar Council.\n(s) 'Returning Officer' means the person appointed by the Bar Council as such to conduct and hold the election.\n(t) 'Surplus' means the number by which the value of the votes, original and transferred, of any candidate exceed the quota.\n(u) 'Transferred vote' in relation to any candidate, means a vote the value or part of the value of which is credited, and which is derived from a Ballot Paper on which a second or a subsequent preference is recorded for such candidate.\n(v) 'Unexhausted Paper' means a voting paper on which a further preference is recorded fora continuing candidate.\n(w) 'Voter' means a person whose name is included in the Electoral Roll, (x) 'Ballot Box' means any box, bag or other receptacle used for insertion of voting papers.\n(y) 'State Roll' means the Roll of Advocate prepared and maintained by the Bar Council under Section 17 of the Advocates Act, 1961.",
"footnote": "",
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"number": "4",
"title": "4. Time and place of Election.",
"chapter": null,
"content": "",
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"number": "5",
"title": "5. Method of Election.",
"chapter": null,
"content": "(ii) The voting shall be by personal ballot:",
"footnote": "",
"is_definition": false,
"sort_order": 3
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"number": "6",
"title": "6. Notice of publication of Electoral Roll and correction thereto.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4
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{
"number": "7",
"title": "7. Notice and programme of Election.",
"chapter": null,
"content": "(i) The date for filing Nomination Paper.\n(ii) The date for scrutiny of the Nomination Paper.\n(iii) The date for withdrawal of candidature.\n(iv) The date or dates of polling.\n(v) The dates, place and time for counting of votes; and the total number of the seats to be filled up.\n(vi) The minimum number of seat that should be filled from amongst Advocates who on the relevant date have been on the State Roll for at least 10 years.\n(vii) The names of Polling Station with necessary details where polling will take place:",
"footnote": "",
"is_definition": false,
"sort_order": 5
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{
"number": "8",
"title": "8. Candidate.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
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{
"number": "9",
"title": "9. Candidate how to be proposed.",
"chapter": null,
"content": "(i) The proposer and seconder shall write their full name, address and their serial number as mentioned in Electoral Roll.\n(ii) Every Nomination Paper shall be accompanied by a sum of [Rs. 5000/-] either in cash or by Bank Draft in favour of the Bihar State Bar Council Payable at Patna as Security Deposit.The deposit shall be forfeited if at an election poll has been taken, the candidate is not elected and he does not get more than ¼th of the number of votes prescribed in this behalf as sufficient to secure the return of a candidate otherwise the amount will be returned to the candidate. The security shall also be returned to a candidate who withdraws on or before the date fixed for the withdrawal.",
"footnote": "",
"is_definition": false,
"sort_order": 7
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{
"number": "10",
"title": "10. Doubt as to validity of proposals.",
"chapter": null,
"content": "(a) That the nomination papers did not comply with the requirement of these rules.\n(b) That the signature of the candidate or the proposer or seconder on the nomination paper is not genuine.",
"footnote": "",
"is_definition": false,
"sort_order": 8
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{
"number": "11",
"title": "11. Withdrawal from Election.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 9
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{
"number": "12",
"title": "12. Declaration with number of candidates is equal to the number of seat.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 10
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{
"number": "13",
"title": "13. Publication of list of candidates.",
"chapter": null,
"content": "(i) by posting the list of the candidates on the Notice Board of the Bar Council, and\n(ii) by sending the list of the candidates to-\n(a) The Advocate-General;\n(b) Presidents of the Advocates' Association, Bar Association and Lawyers' Association of the High Court; and\n(c) Presidents of the Bar Association and Advocates' Association in the different parts of the State.\n(N.B. - Names of candidates who have been on the State Roll for more than 10 years, if not already declared elected shall be marked with an asterisk).",
"footnote": "",
"is_definition": false,
"sort_order": 11
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{
"number": "14",
"title": "14. Returning Officer, Presiding Officer and Polling Officer.",
"chapter": null,
"content": "(b) The Returning Officer shall secure the nomination of Presiding' Officer and Polling Officers by orders made by the Executive Committee.\n(c) The Presiding Officers and Polling Officers shall be detailed by the Returning Officer.\n(d) The Presiding Officer shall conduct the election at the Polling Booth to which he is so detailed.\n(e) The Polling Officers allotted to each Polling Station shall assist the Presiding Officer at the Polling Station in exercising his functions.\n(f) Any Polling Officer, if so directed by Presiding Officer, shall perform all or any of the functions of the Presiding Officer and for such time as may be necessary:",
"footnote": "",
"is_definition": false,
"sort_order": 12
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{
"number": "15",
"title": "15. Form of Voting Paper.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 13
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{
"number": "16",
"title": "16. Voting in person.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 14
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{
"number": "17",
"title": "17. Polling Station for voters voting in person.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 15
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{
"number": "18",
"title": "18. Second Voting Paper not to be issued.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "19",
"title": "19. Despatch of Voting Papers.",
"chapter": null,
"content": "(1) The Secretary shall deliver the Polling Officers of the booths, requisite number of voting papers and some additional voting papers bearing the facsimile of the Returning Officer, with a covering letter stating the number of the papers being delivered and enclosing an extract from the Electoral Roll relating to the polling both and other papers, if any, and instructions.\n(2) The Secretary shall deliver the boxes & other materials to the Presiding Officer of the booths as per details below:-\n(i) One box which is meant for casting of votes must be locked and be sealed with a particular seal, as prescribed by the Council, and the hole on the top of the box should also be pasted with a slip duly signed and sealed by the Returning Officer. The paper so pasted on the top of the box be torn at the polling station in order to enable the voters to cast their votes.\n(ii) One Big Box in which unused Ballot Papers, Cloth, Seal, Lac, Match Box, Candle, Needle, Thread, Copies etc. can be kept.\n(iii) Sufficient cloth for wrapping the box in which vote is cast.",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "20",
"title": "20. Screened space.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "21",
"title": "21. Authorised representatives of candidates.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 19
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{
"number": "22",
"title": "22. Admission to Polling Station.",
"chapter": null,
"content": "(b) The Presiding Officer shall exclude from the Polling Station all persons other than-\n(i) Polling Officers;\n(ii) Candidates and his authorised agents; and\n(iii) Voters allotted to the Polling Station who have not cast their votes;\n(iv) Person or persons admitted for the purpose of identity of electors and by the Presiding Officer to assist him in the discharge of his duties.\n(v) Other persons admitted by the Presiding Officer to assist him in the discharge of his duties :\n(c) The Presiding Officer shall subject to instruction issued by the Returning Officer regulate the number of voters to be admitted at any one time inside the Polling Station.\n(d) The Presiding Officer shall close a Polling Station at the hour fixed in that behalf under Rule 17 and shall not thereafter admit any voter into the Polling Station:",
"footnote": "",
"is_definition": false,
"sort_order": 20
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{
"number": "23",
"title": "23. No canvassing in Polling Station.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 21
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{
"number": "24",
"title": "24. Identification of voters.",
"chapter": null,
"content": "(b) In case where the Presiding Officer is not satisfied about the identity of any person who claims to be a voter, he shall issue a Ballot Paper to that person upon his signing a Register kept for the purpose at the Polling Station. Such Ballot Paper would be marked separately with an endorsement on the back with the words \"Disputed Ballot Papers\" by the Presiding Officer in his own hand and signed by him.\n(a) they shall serially be the last 2 in the list of Ballot Paper issued for use at the Polling Station; and\n(b) endorsed on the back with the words 'Disputed Ballot Paper' or 'Tendered Ballot Paper' as the case may be by the Presiding Officer in his own hand signed by him.",
"footnote": "",
"is_definition": false,
"sort_order": 22
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{
"number": "25",
"title": "25. Supply of Voting Papers to voters voting in person.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "26",
"title": "26. Casting of votes.",
"chapter": null,
"content": "(b) The voter shall then forthwith:-\n(i) Proceed into the screened space provided for marking the Ballot Paper;\n(ii) Without undue delay mark the Ballot Paper in accordance with the provision of these Rules;\n(iii) Fold the Ballot Paper properly so that his marking cannot be viewed; and\n(iv) Put the Ballot Paper into the Ballot Box nearest to him.\n(c) In no shall any Ballot Paper either marked or unmarked be taken away by any voter and in all cases the Ballot Paper shall be put in the Ballot Box except where it is either torn or mutilated in which case he shall return it to the Presiding Officer as provided in these Rules.",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "27",
"title": "27. Casting of votes by infirm persons.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "28",
"title": "28. Challenge as to identity of person falsely claiming to be voter.",
"chapter": null,
"content": "(i) Stop the issue of Ballot Paper to such person; and\n(ii) Require the person offering the challenge to give in writing the fact of his challenge;\n(iii) On receiving written challenge make such summary inquiry, then and there in accordance with the proviso of these rules as may be necessary; and\n(iv) On being satisfied that the person claiming the Ballot Paper is a voter allotted to the Polling Station, he shall direct that a Ballot Paper be given to him and in case he is not so satisfied he shall take steps in the manner provided in Rule 24(c) of these Rules.",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "29",
"title": "29. Supply of fresh Ballot Paper in certain cases and return of Ballot Paper by an Elector.",
"chapter": null,
"content": "(ii) All the Ballot Papers so cancelled shall be kept in a separate packet set apart for the purpose.\n(iii) If a voter after obtaining any Ballot Paper for the purpose of recording his vote decides not to use the same, he shall return the Ballot Paper to the Presiding Officer and the Ballot so returned shall be marked as cancelled and kept in the Packet referred to sub-rule (ii).\n(iv) A record shall be kept by the Presiding Officer of all Ballot Papers cancelled under sub-rules (ii) & (iii) above.",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "30",
"title": "30. Votes and preference to be exercised by voters.",
"chapter": null,
"content": "(ii) A voter in giving his vote-\n(a) shall place on his Ballot Paper the word (in English numerical 'One' word) in the space opposite the name of the candidate whom he chooses for his first preference;\n(b) may in addition on his Ballot Paper the word 'two' to the word 'Twenty five' (in English numerical word) as he may choose to do in the Ballot Paper in the space opposite the names of the candidates in the order of his preference;\n(c) may if he chooses to indicate fewer preference than up to \"Twenty five\";\n(d) shall not make or cause to be made erasure, obliterations or alterations in the Ballot Paper.\n(iii) The Ballot Paper bearing the signature of the voter or any erasures, obliterations or alterations shall be deemed to have defaced.",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "31",
"title": "31. Ballot Papers when invalid.",
"chapter": null,
"content": "(i) Which had not been issued by the Returning Officer for the purpose of the election.\n(ii) If it is deemed to have been defaced.\n(iii) If there is any mark in writing on the Ballot Paper by which the voter can be identified.\n(iv) On which the 'One' word-\n(a) is not marked, or\n(b) is set opposite the names of more than one candidate, or\n(c) is so placed as to render it doubtful to which candidate it is intended to apply, or,\n(d) and some other word or words are set opposite the name of the same candidate; or",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "32",
"title": "32. Sealing of Ballot Papers.",
"chapter": null,
"content": "(a) re-paste the opening of the box in which votes have been cast under his signature and seal.\n(b) take out the cloth which is kept in the other box and wrap the said box with the cloth.\n(c) stitch the cloth by needle & thread kept in other box.\n(d) sign at conspicuous places and shall put his seal wherever he deems necessary and the candidate or his representative if present may also put his signature and seal.\n(e) make separate packets of-\n(i) the unused Ballot Papers,\n(ii) the mutilated torn Ballot Papers,\n(iii) returned Ballot Papers, and\n(iv) Electoral Rolls and Register and papers used at the Polling Station.\n(f) Place all the packets, sealed Box containing votes cast and other materials in the Big Steel Box.\n(g) Prepare a short report in Form 'D' showing the number of Ballot Papers issued to him and the number of Ballot Papers returned unused and placed in the Big Steel Box; and\n(h) Close Big Steel Box by putting lock and shall be sealed by different seal at the Junctions.",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "33",
"title": "33. Delivery of sealed Steel-Boxes and their safe keeping.",
"chapter": null,
"content": "(b) The Returning Officer shall keep the sealed boxes safely in a secure place under his direct control to which no other person shall have access except under his orders.",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "34",
"title": "34. Adjournment of poll in emergencies.",
"chapter": null,
"content": "(ii) Whenever a Poll is adjourned under sub-rule (i) the Returning Officer shall immediately report the circumstances to the Executive Committee and shall as soon as may be, with the approval of the Executive Committee appoint the day on which the Poll shall recommence and fix the Polling Station of place at which, and hours during which, the Poll will be taken and shall not count the votes, cast at such election until such adjourned poll shall have been completed.\n(iii) In every such case, as aforesaid the Returning Officer shall notify in such manner as the Executive Committee may direct the date, place and hours of Polling fixed under sub-rule (ii).",
"footnote": "",
"is_definition": false,
"sort_order": 32
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{
"number": "35",
"title": "35. Fresh poll in case of destruction, etc. of Ballot Boxes.",
"chapter": null,
"content": "(a) declare the polling at the Polling Station or place to be void; and\n(b) report the matter forthwith to the Bar Council and to the Returning Officer.\n(ii) With the previous approval of the Executive Committee the Returning Officer shall, as may be-\n(a) appoint a day and fix the hours for taking fresh Poll at the Polling Station or place or at some other appropriate Polling Station or place.\n(b) shall not count the votes cast at such election until such fresh poll shall have been completed.\n(c) notify the day so appointed and the hours so fixed by him in such manner as the Advocate-General may direct.",
"footnote": "",
"is_definition": false,
"sort_order": 33
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{
"number": "36",
"title": "36. Same rules to Apply in adjourned or fresh poll.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 34
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{
"number": "37",
"title": "37. Time, place and date for the counting of votes.",
"chapter": null,
"content": "(ii) The scrutiny counting of votes, shall, as far as practicable, proceed continuously till such time as all the Ballot Papers are scrutinised and the votes are counted.\n(iii) In the event of counting being suspended for any necessary interval the counted Ballot Papers shall be kept separately in one Steel Box and the remaining Ballot Papers alongwith other document etc. relating to the election shall be kept in another Box or other Steel Boxes. All the Steel Boxes shall be duly locked and secured and sealed and kept in the proper custody with adequate precaution so that Boxes may not be tampered in any way.",
"footnote": "",
"is_definition": false,
"sort_order": 35
},
{
"number": "38",
"title": "38. Admission to the place fixed for counting.",
"chapter": null,
"content": "(a) such person as he may appoint to assist him in the counting;\n(b) candidates and/or their authorised representatives;\n(c) persons authorised by the Returning Officer.\n(ii) No person who has been employed by or on behalf of had been otherwise working for candidate in or about the election shall be appointed to assist the Returning Officer in the counting of votes.\n(iii) Any person who during the counting of votes misconducts himself or fails to obey the directions of the Returning Officer may be removed from the place where the votes are being counted.",
"footnote": "",
"is_definition": false,
"sort_order": 36
},
{
"number": "39",
"title": "39. Arrangement of valid voting papers in parcels.",
"chapter": null,
"content": "(b) arrange the remaining Voting Papers in parcels according to the first preference recorded for each candidate.\n(c) count and record the number of papers in each parcel.\n(d) credit, to each candidate the value of papers in his parcel.",
"footnote": "",
"is_definition": false,
"sort_order": 37
},
{
"number": "40",
"title": "40. Ascertainment of quota.",
"chapter": null,
"content": "(a) add the value credited for a candidate under clause (d) of Rule 39;\n(b) divide the total by a number which exceeds by one of the number or seat to be filled; and\n(c) add one to the quota ignoring the remainder if any resulting number is the quota.",
"footnote": "",
"is_definition": false,
"sort_order": 38
},
{
"number": "41",
"title": "41. Candidates with quota to be elected.",
"chapter": null,
"content": "(ii) If at the end of any count, there are two or more candidates who have not been on the State Roil for at least 10 years, getting more than the quota as aforesaid but the number of candidates that can yet be elected from such category under the proviso to Section 3(2)(b) is less than that number the candidate who has obtained the greater value of votes shall be declared elected in preference to the candidate whose value of votes is less.\n(iii) In the case of two or more persons of category referred to in proviso (ii) above, getting the same value of votes at the end of any count, the Returning Officer conducting the election shall decide by lot which of such persons shall be declared elected.\n(iv) The other candidate or candidates, not declared elected as aforesaid by reason of the proviso to Section 3(2)(b) of the Act and these rules, shall be excluded from the Poll.",
"footnote": "",
"is_definition": false,
"sort_order": 39
},
{
"number": "42",
"title": "42. Transfer of surplus.",
"chapter": null,
"content": "(ii) If more than one candidate have a surplus, the surplus shall be dealt with first and the others in order of magnitude :\n(iii) Where there are more surpluses than one to distribute and two or more surpluses are equal regard shall be had to the original votes of each candidate, and the candidate for whom original votes are recorded shall have his surplus first distributed, and if the value of the original votes is equal the Returning Officer shall decide by lot which candidate shall have his surplus first distributed.\n(iv) (a) If the surplus of any candidate to be transferred arise on the original votes only, the Returning Officer shall examine all the papers in the poll belonging to that candidate, divide the unexhausted papers into sub-parcels according to the next preference recorded thereon and make a separate sub-parcel of the exhausted papers.\n(b) The Returning Officer shall ascertain the value of the papers in each sub-parcel of all the unexhausted papers.\n(c) If the value of the unexhausted papers is equal to or less than the surplus the Returning Officer shall transfer all the unexhausted papers at the value at which they were received by the candidates whose surplus is being transferred.\n(d) If the value of the unexhausted paper is greater than the surplus, the Returning Officer shall transfer the sub-parcels of the unexhausted papers, and the value at which each paper shall be transferred shall be ascertained by dividing the surplus by the total number of unexhausted papers.\n(v) If the surplus of any candidates to be transferred arises from transferred as well as original votes, the Returning Officer shall re-examine all the papers in the sub-parcel last transferred to the candidate, divide the unexhausted paper into sub-parcels, according to the next preferences recorded thereon and then deal with the sub-parcel in the same manner as provided in the case of such parcel referred to in sub-rule 4.\n(vi) The papers transferred to each candidate shall be added in the form of a sub-parcel to the papers already belonging to such candidate.\n(vii) All papers in the parcel or sub-parcel of an elected candidate not transferred under this rule shall be set apart as finally dealt with.",
"footnote": "",
"is_definition": false,
"sort_order": 40
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{
"number": "43",
"title": "43. Exclusion of candidates lowest on the poll.",
"chapter": null,
"content": "(i) If there are more candidates who have obtained more than the quota the candidate who cannot be declared elected under proviso (i) to Rule 41 of these rules,\n(ii) The candidates lowest in the Poll in the following order after all the surpluses have been transferred as provided in these rules 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 rule,\nIllustrations\n(i) The Returning Officer shall distribute the unexhausted papers of the candidates excluded under these rules among the continuing candidates according to the next preference recorded therein and all exhausted papers shall be set apart as finally dealt with.\n(ii) The papers containing original votes of an excluded candidate shall first be transferred, the transfer value of such paper being one hundred.\n(iii) The papers containing transferred votes of an excluded candidate shall then be transferred in the order of the transfers in which and at the value at which he obtained them.\n(iv) Each of such transfers shall be deemed to be a separate transfer, but not a separate count.\n(v) If, as a result of the transfer of paper, 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.\n(vi) 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 seat is filled either by the election of a candidate with the quota or as otherwise provided in these rules.\n(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 their original votes are equal, the candidate with the smallest value at the earliest count at which these candidate had unequal votes shall be excluded.\n(viii) If two or more candidates are lowest on the poll and each has the same value of votes at all counts the Returning Officer shall decide by lot which candidate shall be first excluded.\n(ix) If during a count, any candidate getting the quota or more has to be excluded by reason of rule 41 above, the transfer of his votes shall be deferred and made immediately after the other candidates having got the above quota in that count are declared and their votes transferred as provided for in these rules.",
"footnote": "",
"is_definition": false,
"sort_order": 41
},
{
"number": "44",
"title": "44. Transfer when to be discontinued.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 42
},
{
"number": "45",
"title": "45. Filling the last vacancies.",
"chapter": null,
"content": "(a) notify the minimum number of seats that should be filled up from amongst advocates who on the relevant date will be advocates on a State Roll for at least 10 year.\n(b) require every candidate to specify in his nomination paper the date of this enrolment and the period for which his name had been on the roll of one or more High Court under the Indian Bar Council Act, 1926, and the roll or rolls of State Bar Councils under the Advocates Act, 1961 with full particulars thereof.\n(c) indicate on the voting paper which of the candidates have been on a State Roll for at least 10 years as required.\n(i) the period during which an advocate may have been on the roll of any other State Bar Council or on the roll of any High Court or High Courts under the Indian Bar Council Act, 1926 shall be taken into account, and\n(ii) the period shall be computed as on the last date notified for receiving the nominations for the election.",
"footnote": "",
"is_definition": false,
"sort_order": 43
},
{
"number": "46",
"title": "46. Fraction etc. to be disregarded.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 44
},
{
"number": "47",
"title": "47. Petition for re-counts.",
"chapter": null,
"content": "(ii) The Returning Officer may in his discretion re-count the votes either once or more than once in any case in which he is not satisfied as to the accuracy of any previous count:",
"footnote": "",
"is_definition": false,
"sort_order": 45
},
{
"number": "48",
"title": "48. Determination of result and publication thereof.",
"chapter": null,
"content": "(ii) After such certification a copy of the list shall be published in the Official Gazette and a copy thereof shall be sent to the Advocate General and to each of the President of the Advocate Association, Bar Association and Lawyers Association, Patna High Court and other Bar Association, Advocates Association in the State of Bihar, for information.\n(iii) On the publication of the list in the Official Gazette, the persons whose names appear in the list shall be deemed to have been declared as elected to the Bar Council.",
"footnote": "",
"is_definition": false,
"sort_order": 46
},
{
"number": "49",
"title": "49. Disputes as to the validity of election.",
"chapter": null,
"content": "(i) To dismiss a petition.\n(ii) To order re-count.\n(iii) To declare any candidate to have been duly elected on a re-count.\n(iv) To set aside the election of the candidate who either by himself or through his agent is guilty of corrupt practices.\n(v) In other cases to declare a vacancy to be filled up as a casual vacancy.\n(vi) To make an order as to costs.\nCorrupt Practices\n'Bribery'\n(A) Any gift, offer or promise of any gratification to any person whomsoever with the object, directly or indirectly of inducing:-\n(a) a person to stand or to withdraw or not to withdraw from being a candidate at an election,\n(b) an elector to vote or refrain from voting at an election, or as reward to,\n(i) a person for having so stood or not stood, or for having withdrawn or not having withdrawn his candidature.\n(ii) an elector for having voted or refrained from voting.\n(B) The receipt of, agreement to receive, any gratification whether as a motive or a reward-\n(a) by a person for standing or not standing as, or for withdrawing or not withdrawing from being a candidate; or\n(b) by any person whomsoever for himself or any other person for voting or refraining from voting, or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate to withdraw or not to withdraw his candidature.",
"footnote": "",
"is_definition": false,
"sort_order": 47
},
{
"number": "50",
"title": "50. Rules for filling up casual vacancy.",
"chapter": null,
"content": "(a) dies; or\n(b) resigns his office or appointed as Advocate General; or\n(c) is adjudged as an insolvent or lunatic; or\n(d) is suspended from practice; or\n(e) his name is removed from the roll of Advocates of the Bar Council for any reason including transfer to the roll of another State Bar Council; or\n(f) his election is declared invalid by the Tribunal of Advocates constituted under rule 47; or\n(g) is declared by the Bar Council of which he is a member to have been absent without sufficient excuse for three consecutive meetings of the Bar Council.\n(B) Method of filling up casual vacancy. - Any casual vacancy in the Bar Council shall be filled-up by the remaining members of the Council at a meeting thereof provided that if the number of the members which have been on the roll for more than ten years is less than that required under the Proviso to Section 3(2) of the Act, the member co-opted shall be one who has been on the State Roll for more than ten years.\nMethod of filling up casual vacancy.\n(C) Filling up of casual vacancies. - To fill a casual vacancy amongst the elected members of the Council the remaining members of the Bar Council shall elect from amongst Advocates on the roll of the Bar Council of Bihar.\nFilling up of casual vacancies.\n(D) The Chairman shall declare the casual vacancy when occurs and shall forthwith direct the Secretary to notify it.\n(E)The Secretary shall notify to the members of the Bar Council as well as to the Bar Associations in the State about the vacancy or the vacancies and shall further specify the date before which the nomination has to be filed and the date of the scrutiny.\n(F) Every candidate shall be duly proposed by a member of the Council on the prescribed nomination form and the declaration of the candidate to serve the Bar Council shall be in the prescribed Form 'A'.\n(G) In case there is only one candidate such candidate shall be declared by the Chairman in conformity with Section 3(2) of the Act after scrutiny.\n(H) If there are more than one candidate the Election shall take place at the meeting of the Bar Council.\n(L) The Election shall be by ballot, and the Chairman shall in case of equality of votes, draw a lot then and there and shall declare the result accordingly :\n(J) The result of the election shall be published in the official gazette and Local Newspapers and sent to the Bar Associations of the State.",
"footnote": "",
"is_definition": false,
"sort_order": 48
},
{
"number": "51",
"title": "51. Rules for election of Chairman and Vice-Chairman:",
"chapter": null,
"content": "Forms\nForms\nThe Bar Council of State of Bihar\nThe Bar Council of State of Bihar\nForm 'A'\nForm 'A'\nNomination Paper\n[Under Rule 3(n)]\nFor Election to the Bar Council of State of Bihar\nSignature\nand\nSignature\nI am willing to serve on the Bar Council, if elected.\nName and Address of the Candidate:\nSignature of the Candidate\nNumber in the Electoral Roll.........\nDate\nEnrolled on..........\nThe Bar Council of State of Bihar\nThe Bar Council of State of Bihar\nForm 'B'\nForm 'B'\nList of candidates\n[Under Rule 13]\nName\nDate of Enrolment\nOrdinary Place of Practice\n1\n2\n3\nName\nDate of Enrolment\nOrdinary Place of Practice\n1\n2\n3\nReturning Officer Bar Council of State of Bihar\nThe Bar Council Of State Of Bihar\nThe Bar Council Of State Of Bihar\nForm 'C'\nForm 'C'\nVoting Paper\n[Under Rule 15]\n(Election Dated......)\nS. No.\nName as in Roll\nDate of Enrolment\nPlace and Address\nMark of Voter\n1\nA\n1.5.1965\n.........\n2\nB\n4.5.1965\n.........\nFacsimile of Returning Officer.\nElection to the Bar Council of State of Bihar\nElection to the Bar Council of State of Bihar\nForm 'D'\nForm 'D'\nBallot Papers Account\n[Under Rule 32(1)(g)]",
"footnote": "",
"is_definition": false,
"sort_order": 49
}
],
"metadata": {
"Act ID": "bh031",
"Act Number": "",
"Enactment Date": "",
"Act Year": "1968",
"Short Title": "The Bar Council of Bihar Election Rules, 1968",
"Type": "STATE",
"Location": "Bihar"
},
"updated_at": "2026-09-29 21:55:19"
}