Keane v Clerk of the Dail & Anror (Approved) [2025] IEHC 369 (27 June 2025)

Keane v Clerk of the Dail & Anror (Approved) [2025] IEHC 369 (27 June 2025)

The applicant lacked locus standi as there was no petition in being, and the statutory framework did not permit the relief sought. The application was barred by res judicata due to previous refusals, and the applicant failed to disclose relevant facts, breaching her duty of uberrimae fidei.

Citation
[2025] IEHC 369
Parties
Intended Applicant: Michelle Keane; Intended Respondent: Clerk of the Dáil; Intended Respondent: Irish Government
Jurisdiction
Ireland
Judgment Date
27 June 2025
Procedural Posture
Ex Parte Application Under Electoral Act 1992 / Judgment on Application for Inspection and Retention of Polling Documentation
Outcome
application refused
Legal Topics
Inspection of Polling Documents, Retention of Electoral Records, Locus Standi, Res Judicata, Uberrimae Fidei
Electoral Law Administrative Law Inspection of Polling Documents Retention of Electoral Records Locus Standi Res Judicata Uberrimae Fidei

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Parties

Michelle Keane

Intended Applicant

Clerk of the Dáil

Intended Respondent

Irish Government

Intended Respondent

Procedural Posture

Ex Parte Application Under Electoral Act 1992 / Judgment on Application for Inspection and Retention of Polling Documentation

Legal Issues

  1. 1 Whether the applicant has locus standi to seek inspection of polling documentation under s.130 of the Electoral Act 1992
  2. 2 Whether the statutory period for retention and inspection of polling documents can be extended
  3. 3 Whether the application is barred by res judicata due to previous proceedings

Ratio Decidendi

The applicant lacked locus standi as there was no petition in being, and the statutory framework did not permit the relief sought. The application was barred by res judicata due to previous refusals, and the applicant failed to disclose relevant facts, breaching her duty of uberrimae fidei.

Court Disposition

application refused

Orders

  • Application for inspection and retention of polling documentation refused.
  • Leave to issue or serve Notice of Motion refused.