An accountant who claims a resolution passed at the annual general court of Bank of Ireland three years ago materially affected his voting rights as a holder of stock yesterday began High Court proceedings challenging the resolution.

Mr Neal Duggan, Shrewsbury Road, Dublin, is seeking a declaration that the purported passing of the resolution is null and void and of no legal effect.

He is also seeking a declaration that the resolution, No 7, which was placed before the meeting on July 5th, 1995, was defeated on that date.

An order is also being sought restraining the bank from purporting to act as though the resolution was validly passed.

Mr Duggan claims he is a member of the bank, holding a total of £126.22 of ordinary stock. He pleads that at the meeting, the chairman, Mr Howard Kilroy, proposed a resolution purporting to amend the bye-laws of the bank. The effect of the amendment, he claims, was that it materially affected the value of his voting rights attaching to his holding of ordinary stock by dilution of it in the event of a poll or in the event of a potential take-over of capital restructuring. Mr Duggan opposed and voted against the resolution.

Bank of Ireland, in its defence, denies the claims. It denies that the casting of proxy votes in the poll or the manner in which they were cast was without lawful authority as alleged or at all. The bank pleads that the poll was conducted in accordance with its byelaws and that Mr Duggan is not entitled to the relief claimed.

The hearing resumes today before Mr Justice McCracken.