Section 159: Decision in case of equality of votes

159. Decision in case of equality of votes.—(1) In case of election to an Assembly, where, after the conclusion of the trial there is an equality of votes between two contesting candidates, the Election Tribunal shall declare both the candidates as returned candidates and each one of them shall be entitled to represent his constituency in the Assembly for half of its term of office. (2) The Election Tribunal shall draw a lot in respect of 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 shall take into account the period any returned candidate has already served as Member of the Assembly after the election. 1Numbered and added by Act No. XLIV of 2023, s. 39. (3) Before proceeding to draw a lot under sub-section (2), the Election Tribunal shall give notice to the contesting candidates between whom there is equality of votes and shall proceed to draw a lot on the date, time and place stated in the notice: Provided that if the contesting candidates are present when it appears that there is an equality of votes between them, the Election Tribunal may proceed forthwith to draw a lot without giving notice. (4)The Election Tribunal shall keep a record of the proceedings of draw of lot under this section and obtain signatures of such candidates and their agents who witnessed the proceedings, and if any such person refuses to sign, such fact shall be recorded. (5)On receipt of the declaration under sub-section (1), the Commission shall notify the name of the candidate in the official Gazette on whom the lot drawn under sub-section (2) had fallen. (6)Where there is equality of votes among more than two contesting candidates at the conclusion of the trial, the Election Tribunal shall order fresh election in the constituency on a date to be determined by the Commission but not later than sixty days from the date of order of the Tribunal.

Effective date: 2017-10-02

Related sections