104. 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 one vote would entitle any of those candidates to be declared elected, then-

  1. 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 purpose of the petition; and
  2. in so far as that question is not determined by such a decision the court shall decide between them by lot and proceed as if the one on whom the lot then falls and received an additional vote.