The Supreme Court upheld the refusal of an emergency injunction sought by Denis Riordan after his nomination for the Limerick East constituency in the 2002 general election was rejected for lacking the required support of 30 registered electors.
Mr Riordan wished to stand as a candidate in the election scheduled for May 17, 2002. Because his candidature was not supported by a certificate of affiliation to a registered political party, legislation introduced that year required his nomination to be assented to by 30 Dáil electors in the constituency.
He did not obtain those assents. His nomination paper was submitted to the Limerick East returning officer on May 1 and rejected as invalid.
Mr Riordan had already obtained permission from the High Court to pursue judicial review proceedings challenging the constitutionality of provisions of the Electoral Acts. He also sought an injunction requiring the returning officer to accept his nomination notwithstanding the missing assents.
Mr Justice Kearns refused that injunction on May 2. The Supreme Court dismissed Mr Riordan’s appeal on May 10 and later delivered its reasons through Mr Justice Francis D Murphy.
The Supreme Court said a mandatory injunction at an interim stage is an exceptional remedy. It found that granting the order sought would effectively have required a public official to act directly contrary to legislation which remained in force and had not been declared unconstitutional.
The court also rejected the argument that the speed with which the 2002 amending legislation had been enacted was relevant to whether the injunction should issue. It held that the High Court had been entitled to take account of the late timing of the application and the practical consequences for the election process.
The ruling did not determine whether the requirement for 30 assents was constitutional. The Supreme Court expressly stated that Mr Riordan’s constitutional challenge remained outstanding and could still be pursued in the High Court.