Section 21(10) in The Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships Act, 1965
(10)If the petitioner has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the Judge is satisfied that-(a)the petitioner or such other candidate received sufficient number of valid votes to have been elected; or(b)but for the votes obtained by the returned candidate by corrupt practices the petitioner or such other candidate would have obtained a sufficient number of valid votes to have been elected;the Judge may, after declaring the election of the returned candidate void, declare the petitioner or such other candidate to have been duly elected:Provided that -(i)for the purpose of such computation, no vote shall be reckoned as valid if the Judge finds that any corrupt practice was committed by any person known or unknown in giving or obtaining it;(ii)after such computation, if any equality of vote is found to exist between any candidates and the addition of one vote would entitle any of the candidates to be declared elected, one additional vote shall be added to the total number of valid votes found to have been recorded in favour of the candidate, or candidates, as the case may be, selected by lot drawn in the presence of the Judge in such manner as he may determine.
