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Death of outgoing Ceann Comhairle.
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5.—Whenever an outgoing Ceann Comhairle who has not announced to Dáil Eireann before the dissolution thereof that he does not desire to become a member of Dáil Eireann at the general election consequent on such dissolution dies after such dissolution and before the commencement of the polling in the constituency for which he is deemed by virtue of this Act to be elected at such general election, the following provisions shall have effect, that is to say:—
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(a) if the outgoing Ceann Comhairle dies before the issue of the writ to the returning officer in the said constituency, this Act shall cease to have effect in respect of the said general election;
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(b) if the outgoing Ceann Comhairle dies after the issue of the said writ and before the commencement of the polling in such constituency, the Clerk of Dáil Eireann shall, upon being satisfied of the fact of such death, recall such writ and issue in lieu thereof to such returning officer a writ (in this section referred to as the new writ) so worded that it directs such returning officer to cause an election to be held of the full number of members of Dáil Eireann for such constituency;
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(c) in the circumstances mentioned in the next preceding paragraph of this section, the said returning officer shall, upon being satisfied of the death of the outgoing Ceann Comhairle or upon receiving the new writ (whichever first happens), countermand the notice of the poll;
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(d) whenever the notice of the poll is countermanded in pursuance of the next preceding paragraph of this section, all the proceedings in respect of the election in the said constituency shall be commenced afresh and in such fresh election the last day for receiving nominations and the day of the poll shall be fixed in the manner provided by the Principal Act in respect of a bye-election, and for that purpose the new writ shall be deemed to be the writ for such fresh election;
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(e) where a fresh election is held in pursuance of the next preceding paragraph of this section, no fresh nomination shall be necessary in respect of any candidate who stood nominated at the time of the countermand of the notice of the poll.
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