A CO WEXFORD man was refused an order in the High Court yesterday directing that his name be placed on the ballot paper as a candidate for his constituency in next weeks general election without him having to pay the £300 deposit.
Mr Thomas Redmond (58), of Coolree, Forth Mountain, Co Wexford, had sought an injunction against the Minister for the Environment, Ireland and the Attorney General that he be placed on the ballot paper without paying the deposit.
He claimed that Section 47 of the Electoral Act, 1992, which required him to pay the deposit was invalid having regard to the provisions of the Constitution. The section endeavoured to put a condition on his right to stand for election conferred by the Constitution.
Mr Patrick McCarthy SC, for Mr Redmond, said the entitlement to stand for election was one of the most fundamental aspects of citizenship and went to the heart of the democratic process.
Mr Gerard Durcan SC, for the State, said Mr Redmond had had ample time to take proceedings but did not initiate them until April this year.
At this stage, people were already voting, for instance the Defence Forces, and to add a name to the ballot paper would bring about electoral chaos. The Act was constitutional.
On November 16th, 1992, Mr Redmond submitted nomination papers as a candidate as required by the Act for the general election on the following November 25th. The returning officer decided that the papers were invalid as no deposit had been paid.
In December 1993, he took a Circuit Court action claiming damages for having been denied his right to stand as a candidate and for demanding the deposit. In May 1996 the case was dismissed on the grounds that the Circuit Court could not hear a constitutional point.
On May 13th, 1994, he was excluded as a candidate in the European elections as he refused to pay the £1,000 deposit. On May 2nd last, the returning officer refused to put his name on the ballot paper for this election.
Mr Justice Shanley, in refusing the injunction, said it had been open to Mr Redmond to issue proceedings in 1992 and 1994, but he did not do 50. Neither had he issued them since May 1996 after the Circuit Court decision. He had waited until April this year. The judge said he would regard that as wholly unacceptable.
The judge ruled there was a serious issue to be tried at the main hearing of the action.