Section 45(3) in The Bar Council of Bihar Election Rules, 1968
(3)When at the end of any count only one seat remains unfilled and there are only 2 continuing candidates, and each of them has the same value of votes and no surplus papers can be transferred, the Returning Officer shall decide by lot which of them shall be excluded, and after excluding him in the manner aforesaid declare the other candidate to be elected :Provided that if the total number of candidates who have been on the State Roll for at least 10 years on the relevant date so far elected is less than the required number, then that candidate who will be on the State Roll for at least 10 years shall be declared elected and the other candidate shall be excluded.
