If Cole had voted for her, her fate would have been decided by the number of telephone votes for her.
Treyc performed a powerful rendition of Toni Braxton's Unbreak My Heart
Viewers last night flooded internet forum claiming it was a 'fix' because X Factor producers wanted to keep Waissel in the competition. Many claimed that Ofcom - the media regulator - should now investigate.
Simon Cowell and Louis Walsh both chose to save Miss Waissel despite admitting she was not the best singer while Dannii opted to save Treyc.
Miss Cole refused to pick between her acts - the first time a judge has done so in the show's history.
Host Dermot O'Leary told Cheryl she should make a decision on who to send home as it was her job to do so, but she wouldn't budge
Saying goodbye: Katie and Treyc shared a hug after learning their fate
She said: 'You are both talented women. I am refusing to send anyone home.'
The 27-year-old then said she was prepared to take the vote to deadlock once the other judges had voted, but host Dermot O'Leary instead opted to use the majority rule procedure.
The decision fuelled suspicions that producers are keen to keep Miss Waissel in because she makes better television.
But a show spokesman said: 'Dermot was very clear. He asked Cheryl if she was refusing to vote. He told her if she refused it would simply be based on the majority. Those are the rules.
Saved by the skin of her teeth: Katie broke down mid performance as she sang for survival and ended up singing in a heap on floor after forgetting some of the lyrics
Miss Waissel has twice threatened to quit the show as she struggled to cope with the backlash against her.
Before the storm: Earlier on with her four girls, from left, Cher Lloyd, Katie, Rebecca Ferguson and Treyc
Jumping for joy: Wagner was delighted after making it through again, but received huge boos from the crowd after hearing the happy newsThere were huge boos as P.E. teacher Wagner made it through again.
The results show opened with all the contestants performing to the track So What by Pink.
Kylie Minogue, 42, performed her new track Better Than Today on the show, looking sexy in a short red dress and silver stilettos.
Following her rendition, sister Dannii was full of praise for her sibling, giving the performance 'ten out of ten'.
Former X Factor winner Shayne Ward earlier made his comeback with new single Gotta Be Somebody.
The 26-year-old said it was great to be back on the show, before asking fans to download his new track.
Earlier Cheryl told host Dermot O'Leary when asked how the hopefuls are coping: 'I thinking the pressure is really getting to all the contestants now, but in a good way because everyone's stepping up.'
Cheryl took second place in a beige asymmetrical number
The judges walk out at the start of the show, with Dannii flanked by Louis and Cheryl next to Simon
She's off: Treyc Cohen, right, was eliminated from the X Factor tonight but judge and mentor Cheryl Cole refused to vote after Katie Waissel, who is also in her category, also came in the bottom two
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