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how to decide winner amoung the tied (votes)candidates

(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.Qwhether this rulling is as per ELECTION-RULES applied in our country/maharashtra? if no wtate should have been the real legal stand/possition? what is the recourse open for the candidate/voter-member?
Prakash Yedhula (Expert) 10 June 2008
If there is no mention in the bye-laws, if everyone accepts it can be by lucky lottery. If there is no unanimity, then fresh elections needs to be called for.
amit gupta_lawyer (Expert) 20 June 2008
sec 65 of representation of people act is very much clear on that in the absense of any bye law.

65.Equality of votes. If, after the counting of the votes is
completed, an equality of votes is found to exist between any
candidates, and the addition of one vote will entitle any of those
candidates to be declared elected the returning officer shall
forthwith decide between those candidates by lot, and proceed as if
the candidate on whom the lot falls had received an additional vote.


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