Referendum Act, 1942

• Permanent Page URL

Referendum petitions.

34.—(1) A petition (in this Act referred to as a referendum petition) questioning the validity of a provisional referendum certificate may be presented to the High Court in accordance with this Part of this Act by any person authorised by this section so to do.

(2) A referendum petition may question a provisional referendum certificate either—

(a) in respect of the particulars stated in such certificate of the voting in any one constituency, on the ground that corrupt practices prevailed extensively at or in relation to the taking of the referendum in that constituency or on the ground of error or misconduct (whether by act or omission) on the part of the local returning officer for that constituency, or

(b) in respect of the particulars stated in such certificate of the aggregate voting at the referendum as a whole or of the result of the referendum as so stated, on the ground of error on the part of the referendum returning officer or, in the case of an ordinary referendum, on the ground of error in relation to the number of Dáil electors on the register of electors for the time being in force.

(3) A referendum petition may be presented by any of the following persons, that is to say:—

(a) in the case of a petition in respect of the voting in one constituency, by any person who voted in that constituency at the referendum or who claims that he was entitled to vote in that constituency at the referendum but was unlawfully refused a ballot paper or was in any other manner unlawfully prevented from so voting;

(b) in the case of a petition in respect of the aggregate voting at the referendum as a whole or in respect of the result of the referendum, by any person who voted at the referendum;

(c) in any case; by the Attorney-General.

(4) A provisional referendum certificate shall not be capable of being questioned in any manner in any court save only by a referendum petition presented to the High Court under this Part of this Act.