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The High Court has refused leave to present an election petition challenging the general election results for a constituency (Kerry), as the application was made well beyond the fourteen-day statutory time limit. The applicant, an unsuccessful candidate in the election, was aware of the alleged electoral misconduct on the evening of the poll but failed to move the application until months after the prescribed period. Consequently, the court found the petition to be time-barred and dismissed the request for disclosure of election documents, as such requests could not be pursued independently of a substantive election petition.
Election petition, Kerry constituency, Electoral Act 1992, High Court, statutory time limit, time-barred, electoral misconduct, disclosure of documents, sealed documents, marked copies of the register, judicial review, ex parte application, legal costs, Rule 3 of the Third Schedule, prima facie evidence, Dáil Éireann, statutory framework, procedural history, leave to present petition.
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