Representation of the People Act,1951

Act No : 43

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Section : Procedure in case of an equality of votes.

102.Procedure in case of an equality of votes. If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election --------------------------------------------------------------------- 1 Sub-section (3) re-numbered as sub-section (2) by Act 27 of 1956. s. 55. 2 Subs. by Act 47 of 1966, s. 42, for "the Tribunal" (w.e.f. 14-12- 1966). 3 The words and figures "specified in section 123 " omitted by Act 27 of 1956, s. 55. 4 Subs. by s. 55, ibid., for " without the sanction or connivance". 5 Cl. (b) omitted by Act 58 of 1958, s. 30. 6 The words "or illegal " omitted by Act 27 of 1956, s. 55. 7 The words "or illegal" omitted by s. 56, ibid. ---------------------------------------------------------------------- 81 and that the addition of a vote would entitle any of those candidates to be declared elected, then- (a) any decision made by the returning officer under the provisions of this Act shall, in so far as it determines the question between those candidates, be effective also for the purposes of the petition ; and (b) in so far as that question is not determined by such a decision 1[the High Court] shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote,

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