Procedure in case of an equality of votes
Section 102 of the Representation of the People Act, 1951 deals with procedure in case of an equality of votes. If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then— (a) any decision made by the returning officer under the provisions of The Act came into force on 17 Jul 1951.
If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then—
(a) any decision made by the returning officer under the provisions of this Act shall, in so far as it determines the question between those candidates, be effective also for the purposes of the petition; and
(b) in so far as that question is not determined by such a decision 1 [the High Court] shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote.
Section 102, The Representation of the People Act, 1951 (Act 43 of 1951).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Election Commission of India vs Bajrang Bahadur Singh
Court's Decision & Legal Precedent
Section 9A of the Representation of the People Act, 1951, applies to supervening disqualifications (those acquired after election) and operates to render a legislator's seat automatically vacant by operation of Article 190(3) from the moment the legislator enters into a contract with the government for supply of goods or execution of works. The disqualification is not contingent on completion or non-completion of the contract, nor is it affected by subsequent completion of contractual obligations. The disqualifying event is the mere entry into such a contract by a person already serving as a legislator. Once incurred, the disqualification operates to vacate the seat immediately, even though the period of disqualification itself may be limited to the subsistence of the contract. A legislator who becomes disqualified cannot resume office without being re-elected, though upon cessation of the disqualifying event, he becomes eligible to contest fresh elections. The Governor's declaration under Article 192 is purely declaratory in nature, determining whether the factual event occurred; the legal consequence of seat vacation flows from the Constitution itself, not from the Governor's declaration.
On this section: Disqualification which subsists only so long as disqualifying event subsists
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 102
What have the courts held on Section 102 of the Representation of the People Act?
Election Commission of India vs Bajrang Bahadur Singh (09 Apr 2015) is the leading judgment on this section among those set out below: Disqualification which subsists only so long as disqualifying event subsists.
How do I find court cases under Section 102 of the Representation of the People Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: RP Act 1951 102, section 102 RP Act 1951, section 102 of the Representation of the People Act. People searching for it also type section 102 of the representation of the people act 1951. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Election Commission of India vs Bajrang Bahadur Singh (09 Apr 2015).
When did Section 102 of the Representation of the People Act come into force?
Section 102 of the Representation of the People Act, cited as RP Act 1951 102, came into force on 17 Jul 1951, having been enacted on 17 Jul 1951. It is in force as at the date shown on this page.
Other sections of this Act
- 123. Corrupt practices1710 words
- 33. Presentation of nomination paper and requirement for a valid nomination1149 words
- 8. Disqualification on conviction for certain offences898 words
- 75A. Declaration of assets and liabilities659 words
- 39. Nomination of candidates at other elections632 words
- 36. Scrutiny of nominations596 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.