The High Court found that motions to defer elections at the Irish Countrywomen’s Association’s (ICA) April and May 2018 meetings breached its constitution, and ordered a fresh ballot to be held and counted by 30 September 2018.
In a judgment dated 4 October 2018, Ms Justice Ní Raifeartaigh said the second round of ballot papers should not be counted. She concluded that some Guilds probably did not vote because they believed the election had been cancelled, meaning that ballot was unlikely to represent the members’ full democratic choice.
Six ICA members, including Patricia Madden, had sought declarations about alleged constitutional breaches and an order requiring the second ballot to be counted. The ballot, for National Executive Board and other officer positions, had a closing date of 27 April 2018. No count took place. The defendants were the ICA and the Countrywomen’s Trust.
The judge found that the emergency motion at the 14 April extraordinary general meeting (EGM) was procedurally irregular: the chair suspended standing orders rather than the meeting doing so, members were not allowed to discuss the motion, and the motion process appeared to have been shortened. She also found that the motion put to the 26 May annual general meeting (AGM) breached the constitution because it was added after the agenda deadline and no emergency procedure was used. It followed an arguably inquorate board decision.
The motions also provided for arrangements the constitution did not authorise, including deferring the election and keeping officeholders in place beyond the specified election timetable and term limits. The judge said a majority vote could not override the constitution’s procedures and principles.
On the ballot papers, the judge found the evidence insufficient to conclude that Guilds had failed to receive papers in the second round. She did, however, infer that at least some Guilds did not vote because they believed the election had been cancelled. She said counting those votes would not meet the constitutional purpose of implementing members’ democratic choice.
The court said it could not grant relief strictly in accordance with the constitution that would resolve the impasse. Applying the principle of necessity in the exceptional circumstances, it ordered an entirely fresh ballot, not necessarily limited to the previous candidates. Ballot papers were to issue as soon as practicable, with counting and announcement of results by 30 September. The people then serving on the National Executive Board were to remain in place to manage ordinary business until the elections were completed.
The judge granted specified declarations, including that appointments to the board made since 26 May were invalid. She did not rule on proposed constitutional amendments.