The Representation of The People Act, 1951
If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then—
- 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
- In so far as that question is not determined by such a decision, [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.
Interpretation – Procedure
1. Returning Officer
2 . If Returning Officer fails to take a decision, then it is decided by the concerned High Court.
3 . By lot – means – randomly chosen between the available options – the use of lots as a means of deciding something (Merriam Webster) – the use of lots in making a selection or choice (esp in the phrase by lot) (Collins)
4. Lot – means – an object used as a counter in determining a question by chance (Merriam Webster) – any object, such as a straw or slip of paper, drawn from others at random to make a selection or choice (esp in the phrase draw or cast lots) (Collins)