The High Court has rejected a claim by a Limerick man that he is entitled to describe himself as "Independent" on a ballot paper and said the term "non-party" was a truthful and factual representation of the man's position.
Mr Justice Carney also rejected Mr Denis Riordan's constitutional challenge to the requirement under the electoral legislation for a candidate to provide the names of 30 qualified "assentors" to his nomination.
Remarking on "the ingenuity" of candidates to advertise or describe their causes or to have "exotic descriptions" on ballot papers, the judge said that, in this country, we remembered Seán Dublin Bay Rockall Loftus and in the neighbouring jurisdiction, the late Screaming Lord Sutch of the Monster Raving Looney Party.
He was giving judgment on proceedings in which Mr Riordan of Clonconane, Redgate, claimed he was entitled to be described on a ballot paper as "Independent". Mr Riordan sought to be a non-party candidate in the 2002 General Election in the Limerick constituency.
Mr Justice Carney said: "If a candidate became entitled to describe himself as 'Independent' I have no doubt the next step would be a claim to set forth, no doubt at some length, what he was 'independent' of."
Mr Riordan was entitled to be described as a non-party candidate or to opt for no description.
No evidence had been adduced that he would in any way be prejudiced or caused damage by not being entitled to have his preferred description of "Independent" on the ballot paper, the judge said.