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Questions which may be raised at completion of panels.
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39.—(1) Subject to compliance (where appropriate) with subsection (2) of this section, at the completion of the panels every question relevant to the nomination of a person to a panel, including the validity of nomination papers, the sufficiency or the correctness of any statement in a nomination paper, the validity or the disqualification of any nomination and the qualifications of any person for any panel, may be raised by the Seanad returning officer or by any person whose name is on a provisional sub-panel for the time being under consideration or by the agent of any such person.
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(2) Where a person other than the Seanad returning officer proposes to raise a question at the completion of the panels, he shall deliver a statement of the question and of the grounds therefor to the Seanad returning officer at least two days before the day of the completion of the panels.
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(3) Where the identity of the person purported to be nominated by a nomination paper is free from doubt, the nomination paper shall not be rejected or declared invalid merely because of an error in, or the incompleteness of, the statement therein of the name, address or description of such person.
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(4) The Seanad returning officer may, for the purpose of deciding any question at issue during the completion of the panels, receive and act upon evidence, whether oral or written, tendered to him by or on behalf of any person affected by such question, and may, if he so thinks proper, require such evidence to be given on oath and may for that purpose administer an oath.
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(5) The judicial referee may, for the purpose of deciding any question referred to him during the completion of the panels, receive and act upon evidence, whether oral or written, tendered to him by or on behalf of any person affected by such question (being, save where the judicial referee otherwise allows, evidence which was made available to the Seanad returning officer), and may, if he so thinks proper, require such evidence to be given on oath and may for that purpose administer an oath.
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