Limerick – The City Courthouse witnessed the commencement of the hearing for the Municipal Election Petition. Mr Patrick Bourke, the Vice-Chairman of the Limerick Board of Guardians, challenges the election results for one of the four Councillor positions representing the Custom House Ward on the Borough Council.
The municipal elections took place in January, resulting in the election of the Mayor and Mr D. Griffin with significant majorities for the Custom House Ward. However, a tie ensued for the remaining two Councillor positions between Messrs. Daniel Hannan, Patrick Bourke, and Matthew McInerney, each receiving 236 votes. Drawing lots decided that Hannan and McInerney were elected.
Subsequently, Mr Bourke filed a petition against the election of Mr Daniel Hannan, claiming the seat on grounds of personation, illegal marking of certain votes, and alleged errors in vote allocation. The petition seeks a determination that the respondent was not duly elected and that the petitioner should have been returned for the seat.
The objections raised in the petition include claims of personation and a demand for the inspection of ballot papers, which had been denied earlier by the Court of King’s Bench. A total of 21 objections were presented, including issues related to double voting and votes allowed to the respondent that should have been disqualified.
Mr E. J. Phelps, representing the petitioner, outlined the objections, citing personation, spoiled votes, and discrepancies in the registry as grounds for challenge. However, an objection was raised by Mr R. J. Sheehy, representing the respondent, contending that the notices for the hearing were served late, violating statutory rules.
The court considered this objection, and Mr Sheehy argued that the failure to comply with Rule 7, which requires notices to be served six clear days before the inquiry, rendered the evidence inadmissible. Mr John H. Pigot, K.C., presiding over the case, indicated that he lacked the power to extend the time and suggested that such discretion rests with the High Court.
Despite objections, the court decided to proceed with the evidence regarding four tendered votes, with witnesses testifying to instances of personation and tendered papers being voted.
The hearing will continue, with the court considering the objections and evidence presented, shaping the course of the proceedings in this closely contested municipal election dispute.
Dublin Daily Express – Tuesday 28 March 1911