Seanad Electoral (Panel Members) Act, 1947

Election petitions in relation to Seanad general elections.

54.—(1) The enactments relating to the presentation and trial of election petitions in relation to elections of members of Dáil Éireann shall apply to Seanad general elections with the following modifications:

(a) the court trying an election petition in relation to a Seanad general election shall not have power to declare the whole election to be void but may declare the election of any one or more of the candidates returned as elected at the election to be void or to be valid as justice may require;

(b) where the 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) it shall not be obligatory on the said court to cause a recount to be made of the votes given for, or to investigate the voting or the counting of the votes in respect of, the candidates on a panel in relation to which the said court is satisfied that the voting in respect of the candidates on such panel is not in issue on the petition;

(e) 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 a Seanad general election 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.