THE President of the High Court, Mr Justice Nicholas Kearns, will deliver his judgment next month on Sinn Fein Senator Pearse Doherty's challenge to the Government's alleged delay in moving the writ for the Donegal South-West by-election, writes Tim Healy.
Senator Doherty is seeking a court declaration that there has been an inordinate delay, but the Government and the Attorney General deny this and say that his claims of constitutional breaches are basically misconceived.
Following the conclusion of legal submissions, Mr Justice Kearns said he would give judgment on November 5.
Senator Doherty claims the three-seat constituency has been left without one of its three TDs following the election of Pat the Cope Gallagher to the European parliament in June last year.
He claims that there are constitutional requirements, affirming a "democratic state", whereby there should not be less than one TD for every 30,000 of population.