Appendix V: Election Petitions
| No.1 | Petition |
| No.2 | Receipt for Petition |
| No.3 | Notice of Intention to Appear |
| No.4 | Notice of Trial |
| No.5 | Recognisance |
| No.6 | Application for Leave to Withdraw |
| No.7 | Advertisement of Application for Leave |
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O.97, r.4 PETITION THE HIGH COURT
In the matter of the [state nature of election] election for [state the place] [or referendum] held on the....... day of....... 20…. To the High Court Pursuant to order of the Court made on the....... day of....... 20... giving leave to present, the humble petition of [here state name(s) and address(es) of petitioner(s)] whose name(s) is (are) subscribed shows as follows: 1. Your petitioner [state name] is a person who voted [or had a right to vote, as the case may be] at the above election [or claims to have had a right to be returned at the above election, or was a candidate at the above election]. Your petitioner [state name] [here state in like manner the right of each petitioner]. 2. The election [or referendum] to which the within petition relates was for [state nature of election] and was held on the....... day of....... 20... when A.B., C.D., and E.F. were candidates,
and the Returning Officer has returned A.B. [or A.B. and C.D.] as being duly elected [or has published a provisional referendum certificate stating that....... ]. 3. [State any other material facts on which the petitioner relies]. 4. [State the grounds on which the petition is based].
Your petitioner(s) therefore pray(s) for the following remedy: (A) that it may be determined that the said A.B. was not duly elected or returned, and that the election was void [or that the said E.F. was duly elected, and ought to have been returned, or (B) an order that the said provisional referendum certificate be amended by …., [or as the case may be]. The name and address of the petitioners solicitor/agent is....... The address for service of any notice on the Petitioner(s) is at....... *and the Petitioner(s) consent(s) to the service of documents in the proceedings by electronic mail to…… Dated (Signed)....... Petitioner *Delete where inapplicable
Substituted by SI 475 of 2017, effective 27 November 2017. _______ O.97, r.4 RECEIPT FOR PETITION [TITLE AS IN FORM NO 1] Received this day at the Central Office, an election petition touching the election of [A.B.] for [state the place] or the provisional referendum certificate of ....... purporting to be signed by [insert the names of the petitioners] together with the sum of € ....... / the recognizance(s) of [insert names] by way of security. Dated ......... (Signed) ....... Registrar _______ NOTICE OF INTENTION TO APPEAR [TITLE AS IN FORM NO. 1] Take notice that ....... of ....... a respondent/notice party to the election petition of [insert name of petitioner] presented on ....... 20 ...., intends to appear at the hearing of the petition and to oppose/not to oppose such petition. The address in the State for service of notices on the said respondent/notice party is ....... Dated ....... Signed: ....... _______ O. 97, r. 9(4) NOTICE OF TRIAL [TITLE AS IN FORM NO. 1] In the matter of the election petition of ....... Take notice that the above petition will be tried at ....... on the ....... day of ....... 20 ... and on such other subsequent days as may be necessary. Dated (Signed) ....... Registrar (or as the case may be) _______ O.97, r.11 (2)
RECOGNISANCE [TITLE AS IN FORM NO 1] Be it remembered that on the ....... day of ....... 20 ... , before me came A.B. of ....... [name and description] and acknowledged himself [or severally acknowledged themselves] to owe to the President of the High Court the sum of six thousand three hundred and forty eight euro and sixty nine cent (€6,348.69) [or the following sums, that is to say, the said C,D., the sum of ....... , the said E.F., the sum of ....... , the said G.H. the sum of ....... and the said J.K. the sum of ....... ] to be levied on his [or their respective] goods and chattels, land and tenements, to the use of the President of the High Court and his successors. The condition of this recognisance is that if [here insert the name of the petitioner, and if more than one, add, or any of them] shall well and truly pay all costs in respect of the election petition signed by him [or them] relating to the [here insert the particulars of the election or referendum concerned] which shall become payable by the said petitioner [or petitioners, or any of them] to any person or persons, then this recognizance to be void, otherwise to stand in full force. (Signed) ....... [Signatures of sureties] Taken and acknowledged by the above-named [names of sureties] on the ....... day of ....... 20 ... , at ....... before me. (Signed) ....... Master of the High Court, or Judge of the District Court, or Peace Commissioner [as the case may be] _______ O. 97 r. 13
APPLICATION FOR LEAVE TO WITHDRAW [TITLE AS IN FORM NO 1] In the matter of the election petition of ....... Take notice that on the ....... day of ....... 20 ..... the petitioner will apply to withdraw his petition upon the following; ground [here state the ground]. Dated (Signed) ....... _______ O.97, r.13 ADVERTISEMENT OF APPLICATION FOR LEAVE [TITLE AS IN FORM NO 1] In the matter of the election petition of ....... Notice is hereby given that the above petitioner has lodged at the Central Office notice of an application to withdraw the petition which application is listed to be heard at the High Court on ....... 20 ..... .
And take notice that any person who might have been a petitioner in respect of the same election may, within five days after publication of this notice, give notice of his intention to apply on such hearing for leave to be substituted as a petitioner, in writing, to the Central Office of the High Court and to each respondent and notice party who has given notice of intention to appear. Dated (Signed) ....... Petitioner/Solicitor for the Petitioner
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