Section 45 in Assam Panchayat (Constitution) Rules, 1995
45. Equality of Votes.
(1)If after the counting of votes it appears that two candidates of whom only one is to be declared elected, having received equal number of votes, the Deputy Commissioner or the Sub-Divisional Officer as the case may be, or any Officer authorised by him in this behalf, shall decide which of the two shall be declared elected by tossing up a coin in presence of such candidates. Each candidate shall be, assigned one side of the coin by him or by the Officer just before the toss. The candidate whose side appears visible at the top of the coin after it has fallen flat on any plain ground or table, shall be declared elected.(2)If after counting the votes it appears that more than two candidates have received equal number of votes, the Deputy Commissioner or the Sub-Divisional Officer as the case may be, or any Officer authorised by him, shall cause a draw lot in presence of the candidates or their Agents in the following manner(i)the names of the candidates having equal number of votes shall be written in separate pieces of paper of the same size and those pieces of paper shall be rolled into separate balls and placed together in a bag. Separate pieces of blank paper of the same size corresponding to the number of pieces placed in the bag, shall be rolled in separate balls and placed together in the same bag, and the bag shall be well shaken. The Deputy Commissioner or the Sub-Divisional Officer as the case may be, or the Officer authorized by him, shall then brings out one paper ball from the bag and open the same. If it is blank, it shall be thrown away and the process shall be continued till the name of a candidate appears in paper ball. The candidate whose name so appears first, shall be declared elected.
