At an election to a State Bar Council of 20 elected members, the quota is 300. At the end of a count,…

Illustration No. 1 to rule 4(B) of Chapter II, Part III of the Bar Council of India Rules covers exactly this case: with only 9 senior candidates elected, "M has to be excluded and the voting papers of M will be thereafter transferred". The proviso to section 3(2)(b) of the Advocates Act requires that, as nearly as possible, one-half of the elected members be advocates of at least ten years' standing, so a 20-member Council needs 10 such members. The junior candidate's higher vote does not save him, and drawing lots is the rule for tied candidates under proviso (iii) to rule 4(A), not for this exclusion.