Vic Labor claims victory in Lyndhurst

Martin Pakula is confident he can win the by-election in the Victorian state seat of Lyndhurst. Source: AAP

LABOR'S Martin Pakula has claimed victory in Victoria's Lyndhurst by-election but the party's primary vote is well down on its result at the state poll.

The result leaves Labor with 43 seats on the floor of the parliament to the coalition's 44, including the speaker. It means the government has to rely on the support of independent MP Geoff Shaw to pass legislation opposed by Labor.

The former Liberal MP is under police investigation for misconduct in public office.

With more than half of total votes counted, Labor's primary vote is 15 per cent weaker than the result at the 2010 state election.

The result is way down on Labor's 55 per cent primary vote at the state poll and there is no Liberal candidate in the by-election.

Mr Pakula said he expected to improve his primary vote once pre-poll and postal votes were counted.

"By-elections are very difficult, they're very challenging," he told AAP.

"History will tell you that in by-elections people take the opportunity to vote differently, they vote all over the card."

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