Seanad Electoral (Panel Members) Act, 1947

Election petitions in relation to elections for Oireachtas sub-panel casual vacancies.

75.—(1) The enactments relating to the presentation and trial of election petitions in relation to election of members of Dáil Eireann shall apply to elections under this Chapter with the following modifications:

(a) the court trying an election petition in relation to an election under this Chapter shall not have power to declare the whole election to be void but may declare the election of the candidate returned as elected at the election to be void or to be valid as justice may require;

(b) where the said court so declares the election of a candidate to be void, the court shall declare that such one as justice may require of the candidates not returned as elected was elected;

(c) the said court shall have power to make such amendments as may be necessary to give effect to its decisions in the certificate of the Seanad returning officer of the result of the election;

(d) references (including references by adaptation) to Dáil Eireann shall be construed as references to Seanad Eireann, and references (including references by adaptation) to the Chairman or the Ceann Comhairle of Dáil Eireann shall be construed as references to the Chairman of Seanad Eireann.

(2) A person who has voted at an election under this Chapter shall not, in any legal proceedings to question the election or return of any candidate at the election, be required to state for whom he has voted.