Independent candidate Mattie McGrath is proceeding with a High Court action aimed at ensuring the vote in his Tipperary constituency proceeds in Saturday's general election.
Lawyers representing McGrath told Mr Justice Charles Meenan on Wednesday afternoon, despite media reports the Tipperary poll will go ahead on Saturday, he is maintaining the action in the absence of official confirmation the election will proceed in the constituency.
The State, represented by Frank Callanan SC, with Michael Binchy BL, said issues raised by Mr McGrath were under active consideration by the Attorney General.
The ballot in Tipperary was called into question following the death of independent candidate Marese Skehan earlier this week. As a result of her death, the returning officer for Tipperary, James Seymour, issued a countermand postponing the election in Tipperary to a later date.
Mr McGrath, an Independent candidate, claims, while Mr Seymour’s bona fides are not in any way in question, the decision to countermand the poll, made under Section 62 of the 1992 Electoral Act, is unlawful and in breach of the Constitution.
He claims the people of Tipperary would be disenfranchised and precluded from having their TDs take part in discussions over the formation of the next government.
He also claims a danger of a skewed vote if they are not allowed to vote in the general election on Saturday. He argues postponing the election in Tipperary to some unknown date would prejudice Independent candidates as larger political parties could “descend upon the constituency and devote disproportionate resources, and canvassing personnel” to Tipperary.
He claims any new date for the election in Tipperary might not take place within the 30 days allowed for in the constitution after the Dail has been dissolved. That 30 day limit, he argues, expires on February 13th and he does not believe it will be possible for any new poll in the constituency to take place by that date.
The politician, represented by Micheal P O'Higgins SC, has initiated judicial review proceedings against Mr Seymour, the Minister for Housing, Planning and Local Government, Ireland and the Attorney. He wants the returning officer's decision quashed and is also challenging the constitutionality of sections of the 1992 Electoral Act.
On Wednesday, Mr O’Higgins said his side needed time to finalise paperwork and asked that the matter be heard that afternoon. He accepted the matter may be resolved in the next 24 hours but, as things stood, wanted it to proceed in the absence of any official confirmation the vote in the five seat Tipperary constituency will take place on Saturday.
Mr Callanan said his side did not have any documents in the case and, while broadly aware of the issues raised, wanted it adjourned to Thursday so they could consider their response.
Mr Justice Meenan adjourned the matter to Thursday afternoon.