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Returning Officers (a 5-member team) have been appointed by the management committee of the society. They are senior members defined under the bye-laws but are not participating in the elections. Can they vote, since they are playing an independent role? What happens if two candidates receive exactly the same number of votes? How is the winner decided? Can the Returning Officers cast their vote in such a situation?
Returning Officers cannot vote unless the society’s bye-laws specifically allow it. If they are appointed to conduct elections independently, they must remain neutral and not participate in voting to ensure fairness and transparency. In case of a tie (equal votes), the bye-laws of the society decide the procedure. If no rule exists, generally a draw of lots is used. Returning Officers do not cast deciding votes unless expressly permitted in the bye-laws. Their role is only to conduct and declare results impartially. For further legal assistance contact us on our helpline number.