102Procedure 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 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.
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1. Subs. by Act 47 of 1966, s. 42, for "the Tribunal" (w.e.f. 14-12-1966).
- 86 Trial of election petitions
- 87 Procedure before the High Court
- 93 Documentary evidence
- 94 Secrecy of voting not to be infringed
- 95 Answering of criminating questions and certificate of indemnity
- 96 Expenses of witnesses
- 97 Recrimination when seat claimed
- 98 Decision of the High Court
- 99 Other orders to be made by the High Court
- 100 Grounds for declaring election to be void
- 101 Grounds for which a candidate other than the returned candidate may be declared to have been elected
- 102 Procedure in case of an equality of votes
- 103 Communication of orders of the High Court
- 104 [Omitted.]
- 105 [Omitted.]
- 106 Transmission of order to the appropriate authority, etc., and its publication
- 107 Effect of orders of the High Court