Seanad Electoral (Panel Members) (Bye-Elections) Act, 1940
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Procedure on failure to obtain three nominations. |
18.—(1) Whenever the Seanad returning officer reports to the Minister that a nominating meeting has terminated because no persons or less than three persons had been duly nominated thereat or that the proceedings at a ruling upon nominations held under this Part of this Act terminated because no name of any person or the name or names of less than three persons had been entered in the provisional list, the bye-election order in pursuance of which such nominating meeting or such ruling upon nominations (as the case may be) was held and all proceedings had in pursuance of such order shall become and be null and void and such order shall be deemed, for the purposes of this Act, never to have been made, and the Minister shall make a new bye-election order in lieu of the bye-election order so becoming null and void. | |
(2) A new bye-election order made under the foregoing sub-section of this section shall be a bye-election order within the meaning and for the purposes of this Act and this Act (including this section) shall apply and have effect in relation thereto, save that the time within which the Minister shall make such new bye-election order shall be whichever of the following periods later expires, that is to say, one hundred and eighty days after he receives the relevant notice of a vacancy from the Clerk of Seanad Eireann or sixty days after he receives the report mentioned in the said foregoing sub-section from the Seanad returning officer. | ||
(3) The annulment of a bye-election order by virtue of this section shall not prejudice or affect the right of the Seanad returning officer to be paid under section 5 of the Principal Act his reasonable charges and expenses in respect of his services rendered and expenses incurred in pursuance of such bye-election order. |