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State of Tamilnadu - Section

Section 112 in The Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

112. Declaration of result of election.

(1)
(a)In the case of election under this Part, if the number of candidates is two, the candidate who obtains the largest number of votes shall be declared to have been duly elected. In the event of there being an equality of votes between the two candidates and the addition of one vote to anyone of such candidates will entitle him to be declared duly elected, the Returning Officer shall draw a lot in the presence of the member present and the candidate whose name is drawn shall be deemed to have the additional vote and shall be declared to have been duly elected.
(b)If the number of candidates is three and if anyone of them secures more than one half of the total number of votes polled, he shall be declared to have been duly elected. If none of them secures more than one half of the number of votes polled, the candidate who obtains the lesser number of votes shall be eliminated and a second ballot taken. In the event of there being an equality of votes among the three candidates, the Returning Officer shall draw lots in the presence of the members present and the candidates whose names are first and second drawn shall be retained and a second ballot taken.
(c)If there is an equality of votes between two candidates and if the third candidate secures a lesser number of votes, he shall be eliminated and a second ballot taken. If there is an equality of votes between two candidates and if the third candidate secures a larger number of votes than the two, a lot shall be drawn between the two candidates who had secured equal number of votes and the candidate whose name is first drawn shall be retained and second ballot taker, between him and the third candidate.
(d)If the number of candidates is more than three and if any of the candidates secures more than one half of the number of votes polled, he shall be declared to have been duly elected. If none of the candidate secures more than one half of the number of votes polled, the first candidate who secures the largest number of votes and the second candidate who secures the next larger number of votes shall be retained and the other candidates eliminated and a second ballet taken.
(e)In other cases, the principle enunciated in clause (b) above shall be adopted till there remain two candidates in the field.
(2)In case of election of members of Statutory Committee, after the counting of votes has been completed, the Returning Officer shall draw a list of contesting candidates arranged in descending order of votes secured by them. He shall then declare as many candidates from the top of the list as there are vacancies to be filled up as duly elected. In the event of there being an equality of votes between any two candidates, and the addition of one vote to anyone of such candidates will entitle him to be declared duly elected, the Returning Officer shall draw a lot in the presence of the members, and the candidate whose name is first drawn shall be deemed to have secured one additional vote and shall be declared elected.