how to decide winner amoung the tied (votes)candidates
AJIT KAWATKAR
(Querist) 21 May 2008
This query is : Resolved
ours is co-op hsg socty.election for the 8+1 reserved posts are announced by GOVT. ELECTION OFFICER today.out of 8; 7 are elected on vote count; there was a TIE of VOTES by 3 candidates. the GOVT ELECTION OFFICER decided to go for LUCKY LOTTERY& declared the 8TH post;that too in absence of one of the CANDIDATE in TIE. i have gone through the co op hsg socty bye -laws & found no mention of such a provission any where.Q whether this rulling is as per ELECTION-RULES applied any where in our country/maharashtra? if no what should have been the real legal stand/possition? what is the recourse open for the candidate/voter-member?
amit gupta_lawyer
(Expert) 21 May 2008
under sec 65 of representation of people act it is clearly mentioned that in such case a lot is played amoung the tied candidate and who so ever won that lot then it would count as an additional vote for that candidate and he is entitled for that post.
