Section 96(2) in The Bihar Municipal Election Rules, 2007
(2)If more than one candidate is duly nominated, the Returning Officer shall, call on the Councillors to vote by ballot according to the following procedure:-(a)(i)The Returning Officer shall distribute or cause to be distributed, to each Councillor qualified to vote and present at the meeting a. ballot paper in Form - 27 containing the names of all duly nominated candidates.(ii)A Councillor desiring to vote shall then proceed to record his vote by placing a cross mark (X) against the name of the candidate for whom he wishes to vote but shall not sign or make any mark on the paper and shall place the paper in the ballot box provided for the purpose.(b)The Returning Officer shall then count the votes recorded in favour of each candidate. If there are only two candidates, he shall declare the one who has majority of votes to be duly elected. If both candidates obtain an equal number of votes, the Returning Officer shall forthwith decide between those candidates by lot in the manner prescribed by State Election Commission and proceed as if the candidate on whom the lot falls had received an additional vote.(c)If there are more than two candidates duly nominated, the following system of elimination shall be followed.(i)After the votes have been recorded and counted, the Returning Officer shall announce the total number of votes recorded for each candidate. If one candidate receives more than half the total number of votes recorded, he shall be declared to be duly elected.(ii)If no candidate obtains more than half the total number of votes the candidate with the least number of votes shall be eliminated and a fresh vote taken. This process shall be continued until a candidate obtains more than half the total number of votes recorded whereupon he shall be declared to be duly elected.(iii)If the number of votes recorded for each of the candidates or for each of the candidates who obtain the least number of votes is equal, one of those candidates shall be eliminated by drawing lots in such manner as the State Election Commission may determine.Examples.- (i) Of 18 votes recorded, A receives 10 votes and B 8, A is duly elected.(ii)Of 18 votes recorded, A receives 9 votes and B 9, lots shall be drawn for the elimination of one of two candidates.(iii)Of 18 votes recorded, A receives 6 votes and B 6 votes and C 6 votes, lots shall be drawn for the elimination of one candidate and a further vote taken.(iv)Of 18 votes recorded, A receives 8, B 6 and C 4, C shall be eliminated and the Councillors will proceed to record their votes for A and B.(v)Of 18 votes recorded, A receives 8, B 5 and C 5 votes, lots shall be drawn for the elimination of B or C, and a further vote taken.
