Nothing wrong in draw of lots for Election tie, says Court

The Madras HC has dismissed a plea challenging election of candidates to local bodies through draw of lots in case of tie. The procedure isn't ultra vires of the Constitution & is permissible under law, the court said.

Dismissing the plea moved by K Devadass, the first bench of chief justice A P Sahi & justice Subramonium Prasad said, “To us, it appears that the legislature was conscious of such situations &, therefore, in order to provide a workable & operational system, & to avoid further uncertainty by prolonging the process through fresh elections, thought it appropriate to provide an additional vote amongst those who had secured equal number of votes by the draw of a lot.”

This wisdom of the legislature is in one way a logical solution by viewing the situation where two candidates have been found to be equally fit by the electorate to represent them as the village head. The voter’s interest being equally divided also amounts to reposing equal confidence in both the candidates. It, therefore, can't be said one is inferior or superior to the other &, hence, democracy in its republican way is directly reflected through an exercise of franchise, where both the candidates have been selected by an equal strength of voters, the court added.

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