Procedure in case of an equality of votes

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 or the rules made thereunder 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, the 1[Civil judge] shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote. 1. Substituted by Act 38 of 2013 w.e.f. 16.3.2013.

1. (a) any decision made by the returning officer under the provisions of this Act or the rules made thereunder shall, in so far as it determines the question between those candidates, be effective also for the purposes of the petition; and
2. (b) in so far as that question is not determined by such a decision, the 1[Civil judge] shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote.

¹ Substituted by Act 38 of 2013 w.e.f. 16.3.2013.