New Delhi: BJP candidate Harsh Mahajan was elected to the Rajya Sabha from Himachal Pradesh on Tuesday after a draw of lots after he and Abhishek Manu Singhvi of the Congress secured an equal number of votes. Keeping such eventualities in mind, the Conduct of Election Rules have a provision for draw of lots for both Lok Sabha and Rajya Sabha elections.
The key difference in the draw of lots in both the elections is that in Rajya Sabha elections, the candidate whose slip is drawn loses the poll, whereas in the Lok Sabha polls, the candidate whose slip is drawn wins, a former Election Commission functionary explained.
According to the rule, the first preference votes of candidates are counted.
The next step is to “eliminate” one of the candidates in case of a tie.
In Himachal Pradesh, both Mahajan and Singhvi got 34 votes, one less than the “winning quota” of 35.
The returning officer goes for a draw of lots and the candidate whose slip is picked up gets “eliminated” and the other is declared elected.
In the Lok Sabha elections, if two top candidates get the same number of votes in counting, a draw of lots is called.
The candidate whose name is picked is “deemed” to have got one extra vote and is declared elected, the functionary explained, citing Rules 75 and 81 of the Conduct of Election Rules, 1961.
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