Boyle v Allen

• Jurisdiction: Ireland
• Judgment Date: 01 January 1979
• Date: 01 January 1979
• Court: Circuit Court

(Circ.Court)

Boyle

and

Allen

Election petition -Whether notice to be served on D. P. P. - Whether actions of returning officer an irregularity -Whether request for recount could only be made by candidate or his agent - Electoral Act, 1963 (No. 19), s. 82 - Local Elections (Petitions and Disqualifications) Act, 1974 (No. 8), ss. 2, 5, 7 - Prosecution of Offences Act, 1974 (No. 22), ss. 3(1), 4(4) - Local Elections Regulations,1965 (S.I. No. 128), arts. 11, 71.

The local election to Clonmel Corporation of June, 1979, was questioned by a petition to the Circuit Court and the hearing was fixed for October, 1979. The petitioner, the first-named respondent, and the Attorney General were the only parties at this stage. The Director of Public Prosecutions had not been served. Evidence was heard and judgment reserved. On the resumption in November, 1979, of the hearing for the delivery of the judgment (1) an application was made on behalf of the other respondents to be joined in the proceedings...