Seanad Electoral (Panel Members) Act, 1947

Procedure on failure to obtain nomination.

65.—(1) Where the Seanad returning officer reports to the Minister—

(a) that a nomination committee bye-election meeting has terminated because no person has been duly nominated thereat, or

(b) that he has rejected a nomination at a ruling upon nomination held in pursuance of this Chapter,

the Seanad bye-election order in pursuance of which such meeting or ruling 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 Seanad bye-election order in lieu thereof.

(2) A new Seanad bye-election order made under subsection (1) of this section shall be a Seanad 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 Seanad 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 casual vacancy from the Clerk of Seanad Éireann or sixty days after he receives the report mentioned in the said subsection (1) from the Seanad returning officer.

(3) The annulment of a Seanad bye-election order by virtue of this section shall not prejudice or affect the right of the Seanad returning officer to be paid under this Act his reasonable charges in respect of duties performed in pursuance of such order.