A High Court action aimed at allowing voters in the Tipperary constituency to cast their ballots in this Saturday's general election has been withdrawn.
The proceedings was brought by two Independent candidates in the constituency Mattie McGrath, and Joe Hannigan.
The action came to an end after Minister for Housing Eoghan Murphy signed a special order to allow the vote take place in the five seat Tipperary constituency on Saturday.
The candidates’ barrister Micheal P O’Higgins SC, appearing with Liam Dockery Bl said the issues at the centre of the case became moot or pointless after the Minister signed the order around midnight on Wednesday.
The ballot in Tipperary was called into question following the death of independent candidate Marese Skehan earlier this week.
As a result of her death, James Seymour, the returning officer for Tipperary, under the electoral laws, issued a countermand postponing the election in Tipperary to a later dater.
That decision meant that nominations for the constituency would have to be reopened and fresh ballot papers would have to be issued.
However, following a review of the matter by the Attorney General, the Minister decided that the election should in the constituency as originally planned.
Prior to the Mr Murphy’s decision being officially confirmed, Mr McGrath who was first elected to the Dáil in 2007 and Mr Hannigan initiated a High Court action aimed at ensuing that voters in Tipperary would get to chose their TDs on the same day as everybody else in the country.
In their proceedings against the Minister, the returning officer and the State, the candidates claimed that Mr Seymour’s decision made under Section 62 of the 1992 Electoral Act, was unlawful and breached of the constitution.
They sought various orders and declarations aimed at having the returning officer’s decision quashed and had challenged the constitutionality of sections of the 1992 Electoral Act.
They claimed that any new date for the election in Tipperary might not take place within the 30 days allowed for in the constitution after the Dáil has been dissolved.
That 30 day limit expires on February 13th, and the candidates claimed it was not possible for any new poll in the constituency to take place by that date.
Costs application
On Thursday Mr O’Higgins argued that his clients were entitled to their legal costs of bringing the action, due to their legitimate concerns about the ballot.
Counsel said that he was seeking to have the legal costs on grounds including that no official confirmation had been given to his clients after Mr McGrath wrote to the Minister outlining his concerns about the possible postponement of the election.
There had been reports in the media that the election would proceed on Saturday, counsel said, but nothing was confirmed until after the proceedings were initiated.
The State, represented by Frank Callanan SC, with Michael Binchy Bl opposed the application and said that the Minister’s decision had been taken independently of the two candidate’s proceedings.
Mr Justice Charles Meenan said he was making no order as to costs, meaning that both sides should pay their own costs.
The judge noting that the situation had come about following the tragic death of Ms Skehan last Monday said that the Attorney General had acted with great expedition when considering the matter.