O'Donoghue v Roche

• Jurisdiction: Ireland
• Judgment Date: 31 March 1927
• Docket Number: (1924. No. 377.)
• Date: 31 March 1927
• Court: Supreme Court (Irish Free State)

S. C.,

O'Donoghue

and

Roche

Return of deposit - Elected candidate not taking required oath - Dissolution of Parliament - Impossibility of performing statutory requirement - Construction of statute - Casus omissus - Representation of the People Act, 1918 (7 8 Geo. V., c. 64), ss. 26, 27 - Government of Ireland Act, 1920 (10 11 Geo. V. c. 67), ss. 14, 15, 18 - Public Authorities Protection Act, 1893 (56 57 Vict., c. 61), s. 1.

The Representation of the People Act, 1918 (7 & 8 Geo. V., c. 64), was, among other statutes, applied by the Government of Ireland Act, 1920 (10 & 11 Geo. V., c. 67), to the election of members to serve in the "Parliament of Southern Ireland"directed to be established by the latter statute. The Representation of the People Act, 1918, provides, s. 26 (1): "A candidate at a Parliamentary election, or some one on his behalf, shall deposit, or cause to be deposited, with the Returning Officer, during the time appointed for the election, the sum of one hundred and fifty pounds, and, if he fails to do so, he shall be deemed to be withdrawn within the provisions of the Ballot...