Court date for bid to have poll result scrapped
Published 31/05/2014 | 02:30
AN ATTEMPT by former Fianna Fail senator and local election candidate to have the result of the local elections declared invalid will be heard at the circuit court next month.
Dan Kiely, who contested the elections as an Independent in the Listowel electoral area in Co Kerry, lost out in securing a seat by just two votes.
He claims that neither he nor his agent got to inspect spoilt votes during the count in Tralee and that two requests by him to view spoilt ballots were refused.
The matter has been set for hearing before Judge Carroll Moran at Tralee Circuit Court on June 17.
The first meeting of Kerry County Council since the elections will take place on Friday next but Mr Kiely's legal team is claiming this is also invalid.
The new line up of members includes 40pc of first-time councillors including Fine Gael's Mike Kennelly who took the last seat in the Listowel area.
In the civil bill lodged in court it is claimed the council convened a meeting in the presence of some of the candidates or their agents but in the absence of Mr Kiely to adjudicate on irregular ballot papers.
Mr Kiely is seeking a declaration that the council's decision to consider the validity of the impugned ballots without notifying Mr Kiely or his agent, was incorrect and unlawful.
Mr Kiely was one of a number of local election hopefuls who quit Fianna Fáil in March after failing to be selected at convention and subsequently ran as an Independent. John Brassil and Jimmy Moloney both secured seats for Fianna Fail at the elections.