State seeks early date for poll ruling appeal
THE Government is to seek an early date for the hearing of its appeal against a High Court declaration that there had been an inordinate delay in moving the writ for the Donegal South West by-election.
As a result, a separate challenge over delays in holding the Dublin South and Waterford by-elections has been put on hold to January 17.
Following last week's declaration over Donegal, the writ was moved and the by-election is to take place on November 25.
Two members of Fine Gael then got High Court permission to challenge delays in holding by-elections in Waterford and Dublin South.
Yesterday, the Supreme Court yesterday adjourned an application by the State for priority hearing of the Donegal appeal for a week until all papers have been lodged to the court.
Counsel for the State earlier said the Government had decided to appeal the decision and was to seek a priority date for a hearing.
High Court president Mr Justice Nicholas Kearns rejected the FG members' separate application to set an early hearing in relation to the Waterford and Dublin South constituencies.
Frank Callanan SC, for the FG members, said it was a matter of urgency that the case be heard and if the Supreme Court took the view in the Doherty case that the matter was now moot (pointless), his clients were back to square one.