asked the Minister for Local Government and Public Health whether he is aware that the Returning Officer for the Borrisokane electoral area, at the recent election of members to the North Tipperary County Council, withdrew the nomination of a candidate named Seymour, without that candidate's written consent, as required by the Local Elections Order, 1928; and, if so, whether he proposes to take any action in the matter.
CEISTEANNA—QUESTIONS. ORAL ANSWERS. - WITHDRAWAL OF ELECTION NOMINATION.
There is no information in the Department that a nomination paper was withdrawn in the circumstances stated, and the Minister has no jurisdiction in such a matter.
If information is supplied to the Minister that the facts as stated in the question are correct, would he be prepared to take action?
I do not think so. I should say that action in a matter of this kind would, first of all, require to be taken in the courts, and if, when such action is taken, it is proved that there has been any negligence, then it would fall to the Minister's consideration to review the circumstances.
Is the President referring to action in the form of an election petition?
Yes. There is no other way that I know of.
The point I wish to get information on is this: If the election petition be successful it will involve an additional charge of some £400 or £500 on the ratepayers of the county, and does it not seem unreasonable, if the facts are as stated, that that is the only way that redress can be secured?
It might seem more reasonable to adopt a course of that kind, but, unfortunately, it is not the law, and the Minister has no discretion.