(1)When the counting of the votes of each electorate has been completed by the conduct of the operation on one or more days as may be necessary the Returning Officer shall, subject to the provisions of Section 4, and of the subsequent portion of this rule, forthwith declare the duly qualified candidate or candidates, as the case may be to whom the largest number of valid votes has been given, to be elected.(2)When an equality of votes is found to exist between any candidates and the addition of a vote will entitle any of the said candidates to be declared elected, the determination of the person or persons to whom such one additional vote shall be deemed to have been given shall be made by lot to be drawn in the presence of the Returning Officer and in such manner as he may determine(3)(a)When a candidate elected for a particular electorate by operation of sub-rule (1) happens subsequently to receive the highest number of valid votes of another electorate, he shall be allowed to choose for which of the two electorates he shall serve, and the choice once made by the candidate shall be final.(b)When a seat of particular electorate remains unfilled by the operation of this sub-rule or becomes vacant by the refusal of the elected candidates to serve, such refusal being signified before his name is published in the Rajasthan Gazette under rule 25, the seat may be filled by that one among the other candidates willing to accept office who has received the highest number of votes among unsuccessful candidates of the electorate affected at the election. If there is no unsuccessful candidate, a fresh election shall be held to fill the vacancy thus created.(c)The Returning Officer shall determine which candidate should be declared as elected under this sub-rule and announce the results as soon as possible after the counting of votes.(d)The declaration in this case may be made either in the presence of the candidates or their representatives if present or merely by notification in the Rajasthan Gazette under rule 25.(4)The Returning Officer shall immediately report the results of the elections to the President. Should the election fail to secure members required by Section 4 in any case, the defect in respect of each electorate should at the same time be reported for the information of the President along with any defect in the number of candidates that offered for election and the want of candidates willing to accept office in circumstances contemplated in clause (b) of sub-rule (3).
