Section 97: Equality of votes

97. Equality of votes.— (1) Where, after consolidation of the Results of the Count, there is equality of votes between two contesting candidates, the Returning Officer shall declare both the candidates as returned and each one of them shall be entitled to represent his constituency in the respective Assembly for half of its term of office. (2) The Returning Officer shall draw a lot in respect of the returned candidates referred to in sub- section (1) to determine as to who shall serve as Member of the Assembly for the first half of its term of office and the name of the candidate, whose name is drawn in the lot, shall be notified as such in the official Gazette by the Commission. (3) The Returning Officer shall draw lots in the presence of such of the contesting candidates and their election agents as may be present. (4) The Returning Officer shall keep record of the proceedings and obtain on the proceedings signature of such of the candidates and election agents as have been witness to the proceedings, and if any such person refuses to sign, such fact shall be recorded. (5) If, in case of death or any other cause one of the returned candidates fails to assume office as a Member or his seat becomes vacant, the other surviving returned candidate shall serve as a member for whole or remainder of the term of the Assembly. (6) Where, on consolidation of results, there is equality of votes among more than two contesting candidates, the Commission shall issue fresh Election Programme for the constituency and determine the date of polling day which shall not be later than sixty days from the date of consolidation of results of the constituency.

Effective date: 2017-10-02

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