PART IV.

General Provisions in Respect of Every Ruling Upon Nominations.

24. —(1) The President of the High Court or some other judge of the High Court nominated by him shall attend at every ruling upon nominations held under this Act and shall there sit and act as judicial referee for the purposes specified in this Act.

(2) The Seanad returning officer may, on his own motion, and shall, if so requested by any person who is named in the relevant certificate of nominations or whose nomination is required by this Act to be ruled upon at the ruling upon nominations or by the agent of any such person, refer to the judicial referee any question arising during the ruling upon nominations in relation to any nomination paper, the nomination of any person, the qualifications of any person for the relevant panel, the statement by the Seanad returning officer of such qualifications, or any other matter connected with the nomination of any person.

(3) The judicial referee shall there and then decide and announce his decision on every question referred to him under this section by the Seanad returning officer.

(4) The decision of the judicial referee on any question referred to him under this section by the Seanad returning officer shall be final and conclusive and shall not be open to review by any court.

(5) A question may be referred to the judicial referee under this section whether the Seanad returning officer has or has not himself given a decision thereon.

25. —(1) At any ruling upon nominations held under this Act every question relevant to the nomination of any person, including the validity of nomination papers, the sufficiency or the correctness of any statement in a nomination paper, the validity of any nomination, and the qualifications of any person for the relevant panel, may be raised by the Seanad returning officer or by any person who is named in the relevant certificate of nominations or whose nomination is required by this Act to be ruled upon at such ruling upon nominations or by the agent of any such person.

(2) Where the identity of the person purported to be nominated by a nomination paper is free from doubt, such nomination paper shall not be rejected or declared invalid merely because of an error in, or the incompleteness of, the statement therein of the name, address, or description of such person.

(3) The Seanad returning officer and the judicial referee may each, for the purpose of deciding any question at issue during a ruling upon nominations held under this Act, receive and act upon evidence, whether oral or written, tendered to him by or on behalf of any person affected by such question, and may, if he so thinks proper, require such evidence to be given on oath and may for that purpose administer an oath.

26. —The following and no other persons shall be present at a ruling upon nominations held under this Act, that is to say:—

(a) the Seanad returning officer and his assistants;

(b) the judicial referee and one person brought by him to attend on him;

(c) any person who is named in the relevant certificate of nominations or whose nomination is required by this Act to be ruled upon at the ruling upon nominations;

(d) one agent of each of the persons mentioned in the next preceding paragraph of this sub-section;

(e) witnesses giving oral evidence, but only while giving such evidence;

(f) such other persons as the Seanad returning officer shall think proper to admit.

27. —(1) The proceedings at a ruling upon nominations held under this Act shall, so far as practicable, be proceeded with continuously, but may at any time be suspended by the Seanad returning officer, with the consent of the judicial referee, for such period as the Seanad returning officer thinks proper for refreshment, night-time, or other reason appearing to him to be sufficient.

(2) Whenever the proceedings at a ruling upon nominations are suspended under this section, the Seanad returning officer shall take all proper precautions for the security of the nomination papers and other relevant documents.