Ahmedabad: Following is an authentic text from official document on the method of electing a Rajya Sabha member –

Single transferable vote procedure The system of election of members to the Rajya Sabha is by proportional representation by means of the single transferable vote.

The general principles of this mode of election may be summed up thus: The single vote is transferable from one nominee to another and that takes place in two contingencies where there would otherwise be a wastage of votes.

They are:

(i) when a candidate obtains more than what is required for his success and therefore has an unnecessary surplus; and

(ii) when a candidate polls so few votes that he has absolutely no chance and therefore the votes nominating him are liable to be wasted.99 Rules 71-85 contained in Part VII of the Conduct of Elections Rules, 1961 and the Schedule thereto are formulated on the above-mentioned principles. Under the scheme and system envisaged by these rules, each elector has only one vote, irrespective of the number of seats to be filled.

But that single vote is transferable from one candidate to another.

The ballot paper bears the names of the candidates, and the elector marks on it his preferences for the candidates with the figures 1,2,3,4 and so on against the names chosen by him and this marking is understood to be alternative in the order indicated.

The figure 1 set by the elector opposite the name of a candidate means “first preference”; the figure 2 set opposite the name of a candidate, the “second preference” and so on.

The minimum number of valid votes required to secure the return of a candidate at the election is called the quota. At an election where only one seat is to be filled, every ballot paper is deemed to be of the value of one at each count and the quota is determined by adding the values credited to all the candidates and dividing the total by two and adding one to the quotient, ignoring the remainder, if any, and the resulting number is the quota.

At an election where more than one seat are to be filled, every ballot paper is deemed to be of the value of one hundred and the quota is determined by adding the values credited to all the candidates and dividing the total by a number which exceeds by one the number of vacancies to be filled and adding one to the quotient ignoring the remainder, if any, and the resulting number is the quota. For example, assuming that there are seven members to be elected, sixteen candidates and one hundred and forty electors whose ballot papers are valid, the quota will be:

 

 

 

The computation in the preliminary process is as under:

The returning officer first deals with the covers containing the postal ballot papers, and then opens the ballot boxes, counts the ballot papers and sorts out and rejects the ballot papers found invalid.

A ballot paper is deemed invalid on which—

(a) the figure 1 is not marked; or

(b) the figure 1 is set opposite the names of more than one candidate or is so placed as to render it doubtful to which candidate it is intended to apply; or

(c) the figure 1 and some other figures are set opposite the name of the same candidate; or

(d) there is any mark or writing by which the elector can be identified.

After rejecting the invalid papers, the returning officer

(a) arranges the remaining ballot papers in parcels according to the first preference recorded for each candidate;

(b) counts and records the number of papers in each parcel and the total number; and

(c) credits to each candidate the value of the papers in his parcel. He then determines the quota as mentioned above. If at the end of any count the value of ballot papers credited to a candidate is equal to, or greater than the quota, that candidate is declared elected.

If the value of the ballot papers credited to a candidate is greater than the quota, the “surplus” is transferred to the “continuing candidates” indicated in the ballot papers of that candidate as being next in order of the elector’s preference.

“Surplus” means the number by which the value of the votes, original and transferred, of any candidate exceeds the quota. “Continuing candidate” means any candidate not elected and not excluded from the poll at any given time.

If more than one candidate have a surplus, the largest surplus is dealt with first and the others in order of magnitude, but every surplus arising on the first count is dealt with before the one arising on the second count and so on. Where there are more surpluses than one to distribute and two or more surpluses are equal, regard is had to the “original votes” of each candidate and the candidate for whom most original votes are recorded has his surplus first distributed; and if the values of their original votes are equal, the returning officer decides by lot which candidate shall have his surplus first distributed.

“Original vote”, in relation to any candidate, means a vote derived from a ballot paper on which a first preference is recorded for such candidate.

If the surplus of any candidate to be transferred arises from original votes only, the returning officer examines all the papers in the parcel belonging to that candidate, divides the “unexhausted papers” into sub-parcels according to the next preferences recorded thereon and makes a separate sub-parcel of the exhausted papers.

“Exhausted paper” means a ballot paper on which no further preference is recorded for a continuing candidate, provided that a paper shall be deemed to have become exhausted whenever—

(a) the names of two or more candidates, whether continuing or not, are marked with the same figure and are next in order of preference; or

(b) the name of the candidate next in order of preference, whether continuing or not, is marked by a figure not falling consecutively after some other figure on the ballot paper or by two or more figures.

The returning officer has to ascertain the value of the papers in each sub-parcel and of all the unexhausted papers. If the value of the unexhausted papers is equal or less than the surplus, he transfers all the unexhausted papers at the value at which they were received by the candidate whose surplus is being transferred. If the value of the unexhausted papers is greater than the surplus, he transfers the sub-parcels of unexhausted papers at a reduced value which is ascertained by dividing the surplus by the total number of unexhausted papers.

The returning officer has to transfer the surplus arising from transferred as well as original votes according to the prescribed procedure.

If after transfer of all surpluses the number of candidates elected is less than the required number, the returning officer excludes the candidate lowest on the poll and distributes his unexhausted papers among the continuing candidates according to the next preferences recorded thereon.

The papers containing original votes of an excluded candidate are first transferred, at the value of one hundred.

The papers containing transferred votes of an excluded candidate are then transferred in the order of the transfers in which, and at the value at which, he has obtained them.

If, as a result of the transfer of papers, the value of votes obtained by a candidate is equal to or greater than the quota, the count then is completed without any further transfer.

The process is repeated on the successive exclusion one after another of the candidates lowest on the poll until such vacancy is filled by the election of a candidate with the quota.

When the number of continuing candidates is reduced to the number of vacancies remaining unfilled, the continuing candidates are declared elected.

When only one vacancy 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 is declared elected.

When 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 returning officer decides by lot which of them shall be excluded; and after excluding him declares the other candidate elected.

Gujarat scenario

BY Japan K Pathak

There are total 182 MLAs in Gujarat Assembly, but 6 have resigned from Congress party recently(after announcement of Rajya Sabha elections). So at present there are 176 MLAs. Based on this figure if we calculate the quota:

176×100 (MLAs into 100)
________ (divided by)
3+1 (total number of seats going through election plus one)

Equals to quotient which is 4400

Here 176 is valid ballot papers(suppose all 176 MLAs cast vote properly)

Now quotient plus one is quota

So quota is 4401
______________

Value of each ballot is 100

Which means you need 45 MLAs to vote for you in first preference(if 44, then quota will be 4400 while you need 4401 which means 44+ MLAs, minimum 45)

______________

If the method is difficult to grasp, do understand a simple thing. Getting more than 25% votes is the game.

4400(quotient)/176(MLAs) = 25%
4500/176 = something more than 25%
44 voters would be exactly 25% of 176.
Out of 176 MLA voters, 45 voters is equal to 25.56%.

If there are four seats and total votes are 100% then not all 4 candidates can not get more than 25% votes. Three who manage to get more than 25% votes are declared victorious. One who would not cross 25% would declared defeated. This is same as 51% vote win. Here it is more than 25% vote win. Say 26% or 25% and something. This is called droop quota method of voting globally. It is used largely in British influenced(earlier ruled) countries in various elections. Drrop quota is in a way similar to an extension of requiring a 50% + 1 majority in single-winner elections. For example, at most 3 people can have 25% + 1 in 3-winner elections, 9 can have 10% + 1 in 9-winner elections, and so on.

_______________

Remember, this 45 winning mark is not static mark to get elected. If some votes are found invalid, they shall be rejected and quota will be counted accordingly(on lower side) as per the number of valid ballots. So if one vote is found invalid, quota will be as per 175 seats, if two votes are invalid then quota shall be counted as per 174 seats and candidates will need to cross the mark accordingly. If someone is absent, quota will change, if someone uses own pen and not violet ink pen which is mandated by Election Commission, that vote will be canceled and quota will be measured accordingly, if someone writes ‘one’ instead of ‘1’ the vote will be considered invalid and valid ballots will be counter accordingly so as the quota. So the exact quota will be decided during the counting process. We can consider 45 as winning mark only as per the quota linked to 176 MLAs as on today.

Any question? You can ask me on

japanpathak [at] deshgujarat [dot] com

or on

http://twitter.com/japanpathak

DeshGujarat