Local Elections (Petitions and Disqualifications) Act, 1974
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Trial of petition. |
7.—(1) A petition shall be tried by a Judge of the Circuit Court assigned for the time being to the circuit in which is situate the principal office of the local authority to which the petition relates and references in this Act to the court shall, save where the context otherwise requires, be construed as references to the Circuit Court. | |
(2) The following provisions shall have effect in relation to the trial of a petition: | ||
(a) in fixing the date for and conducting the trial, the court shall deal with the matter as soon as is reasonably possible; | ||
(b) the trial shall take place in the county in which is situate the principal office of the local authority to which the petition relates; | ||
(c) notwithstanding the death of any person to whose election a petition relates, his resignation as a member of the relevant local authority or his otherwise ceasing to be such member, the trial shall be continued until its result is determined; | ||
(d) the Attorney General may at any stage be represented at and take part in the trial as a party, whether of his own motion or at the request of the court; | ||
(e) the returning officer for the relevant local election shall, at the request of the court, attend the trial and give such assistance as shall be requested of him by the court, but without prejudice to his being a party to the proceedings or being called as a witness by any such party. | ||
(3) Any party to a petition may appeal on a question of law to the Supreme Court against a decision of the court on the petition and subject to the foregoing the decision shall be final and not appealable. | ||
(4) A petition shall, for the purposes of section 22 of the Courts (Supplemental Provisions) Act, 1961 , be an action within the meaning of Part III of that Act. |