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State of West Bengal - Section

Section 77 in The West Bengal Municipal Elections Act, 1994

77. Scrutiny of votes and declaration or confirmation of result. -

(1)If the election petition is confined to the question of validity of votes cast or counting, the District Judge shall, after such scrutiny and computation of votes as may be deemed necessary, declare the result.
(2)If there be only two candidates contesting the election in dispute and the election petition contains a claim by one of the candidates for declaring him elected, the District Judge may, while deciding upon the election petition, declare such candidate duly elected.
(3)If after computation, there be an equality of votes among two or more candidates, the District Judge shall select one among them by drawing lots.
(4)If the District Judge is satisfied that no ground exists for setting aside the election or modifying the results thereof, he shall confirm the election.