It is unclear whether Beverley Hastie will agree to represent the Four Oaks ward following the sudden resignation of daughter Karen Baxter.

Ms Baxter resigned on February 16, claiming she had been bullied and harassed by an unnamed male councillor.

There was a stunned silence in the council chamber when Ms Hastie, of Endeavour Hills, was declared the winner. She was not present for the announcement.

Local observers had tipped Paul Richardson, Rob Wilson or Roger Hall - failed candidates from the November 2008 election - as the most likely to win the countback.

Returning officer David Triplow said Ms Hastie, the ex-wife of former Casey councillor John Hastie, would have until Wednesday morning to confirm

whether she wanted the job.

If not, a second countback will be held on Friday.

Under the new system, only votes received by Ms Baxter were considered. The winner was based on an absolute majority (50per cent plus one vote).

Both Mr Wilson and Mr Richardson said the result was a complete surprise.

Mr Wilson, who was wearing a tie featuring judges' gavels in honour of the "day of judgement", criticised the countback process.

"Paul and I pulled the top two primary votes. Democracy has been thrown out the window with this system, which doesn't count those votes."

Mr Richardson agreed the process was flawed and called for a statewide review.

Both remained philosophical, however, despite the setback.

"It was a real surprise [but] you always expect the underdog to slip underneath and win," Mr Richardson said.

"It's a lottery," Mr Wilson added.

Four Oaks covers Lysterfield South, Endeavour Hills and parts of Narre Warren North, Narre Warren and Hallam.