Local Government (Ireland) Act, 1871

Persons qualified to vote may petition against election.

20. Where any person who voted or who was qualified to vote at any election of members of the governing body of any town thinks that there was, in respect of the election of any member of such governing body, any undue or unlawful proceeding, or that such member was not at the time of such election duly qualified to act as such, it shall be lawful for such person, within one month after such election, to present a petition to the court complaining of such undue or unlawful proceeding, or that such member was not duly qualified as aforesaid.

Every such petition shall be in the prescribed form, and shall be delivered to the prescribed officer of the court.

Every person so petitioning shall within three days after lodging such petition deliver a copy of such petition to the clerk of the governing body, and to any member of such governing body in respect of whose election such petition has been presented.

At the time of the delivery of the petition to the prescribed officer, or within three days afterwards, security for the payment of all costs, charges, and expenses that may become payable by the petitioner—

(a.) To any person summoned as a witness on his behalf; or

(b.) To the member whose election or return is complained of, shall be given on behalf of the person presenting the petition.

The security shall be to an amount of one hundred pounds; it shall be given either by recognizance to be entered into by any number of sureties not exceeding four, or by a deposit of money in manner prescribed, or partly in one way and partly in the other.

As soon as conveniently may be after the presenting of such petition and the giving of such security, but not sooner than ten days thereafter, the court or one of the judges thereof shall proceed to inquire into and decide upon the matters and allegations contained in such petition, and shall have power to take evidence upon oath, and to compel the attendance of witnesses, and shall have all and the same powers, jurisdiction, and authority as in other cases coming within the jurisdiction of the court, and shall either confirm the election, or order a new election, or make such order and give such relief in the premises as to them or him may seem right, and such decision and orders shall in all respects be final and conclusive upon all parties.

Where the court or judge his declared that the election of any member of the governing body of any town was void, such member shall cease to act as such, and there shall be a vacancy in such governing body, which vacancy shall be filled by the election of a new member by the persons qualified to vote at such election, according to the provisions of the special Act in respect of the election of members.