CHAPTER III.--Trial of Election PetitionsCentral

Section 102 of The Representation of the People Act, 1951 in hindi

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—

(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.

Summary

This rule applies when candidates have the exact same number of votes during a court trial.
If the returning officer, the official in charge of the count, already made a decision on the tie, that decision remains valid for the court.
If no previous decision exists, the High Court must break the tie by drawing lots.
The candidate who wins the random drawing is treated as if they received one extra vote to win.

Practical examples

1During a June 2026 court recount, Kiran and Maya are tied, so the Judge draws Maya's name from a bowl and declares her the winner under the 1951 Act.

2A tie is found in court in Aug 2026, but the returning officer already flipped a coin at the original count to pick the winner, so the court accepts that result.

FAQ

1. How is a tie-break handled in court under Section 102 of the Representation of the People Act, 1951?

The High Court decides by lot, which is a random drawing like pulling names from a hat, unless a decision was already made by the returning officer.

2. Does a returning officer's tie-break decision count under Section 102 of the 1951 Act?

Yes, if the officer already made a decision to settle the tie between those candidates, it is effective for the court case too.

3. What is the effect of winning a lot under Section 102 of the 1951 Act?

The candidate is treated as if they received one additional vote, allowing them to be declared the winner.

Test yourself

Q1.Under Section 102 of The Representation of the People Act, 1951, what method does the High Court use to settle an undecided tie in votes?

Q2.According to Section 102 of The Representation of the People Act, 1951, what happens if the returning officer already settled the tie?

Q3.Under Section 102 of The Representation of the People Act, 1951, a person chosen by lot is treated as having received:

Q4.Section 102 of the 1951 Act is used when an equality of votes appears:

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