Section 43(1) in U.P. Zila Panchayats (Election of Adhyaksha and UP-Adhyaksha and Settlement of Election Disputes) Rules, 1994
(1)If during the trial of an election petition it appears that there is an equality of votes between candidates at the election and that one of them is to be eliminated then-(a)any decision, made by the Returning Officer under the provision of these rules, shall, in so far as it determines the question between those candidates, be effective also for the purpose of petition, and(b)so far as that question is not determined by such a decision, the Judge shall decide between them in accordance with the provisions of the instructions in Schedule II to these rules.
