(1) Subject to paragraph (3), a petition shall not be presented to the High Court unless that court, on application made to it in that behalf by or on behalf of the person proposing to present it not later than fourteen days after the result of the Dáil election is declared by the returning officer, by order grants leave to the person to do so.

(2) The High Court shall not grant leave under paragraph (1) to present a petition unless it is satisfied –

1. (a)  that there is prima facie evidence of a matter referred to in section 132 in relation to which the petition questions the election result concerned, and


2. (b)  that the said matter is such as to affect materially the result of the election.

(2A) A petition shall be presented by being lodged in the Central Office of the High Court not later than three days after the grant of leave by the High Court under paragraph (1).

(3) Where a petition alleges bribery and specifically alleges a payment or other consideration to have been made or to have passed after the result of the Dáil election was declared by the returning officer, notwithstanding the fact that another petition relating to the same election may have been previously presented or tried, the petition may be presented within the twenty-eight different leave of the High Court to present a petition under paragraph (1) may be applied for not later than fourteen days next after the day on which the said payment or consideration is alleged to have been made or to have passed.

(3A) Where a petition alleges an irregularity or non-compliance with any provision of Part V of the Electoral Act, 1997 whether before or after the result of the Dáil election was declared by the returning officer, notwithstanding the fact that another petition relating to the same election may have been previously presented or tried, leave of the High Court to present a petition under paragraph (1) may be applied for not later than fourteen days next after the laying of a copy of a statement of election expenses before each House of the Oireachtas in accordance with section 37 of the Electoral Act, 1997.

(4) Where a petition has been lodged with the court, as soon as may be the petitioner shall give a copy of the petition—

(a)  to any person to whose election the petition relates,
(b)  to the Minister,
(c)  to the Clerk* of the Dáil,
(d)  to the returning officer for the constituency to which the petition relates, and
(e)  except in the case of a petition presented by the Director of Public Prosecutions, to the Director of Public Prosecutions.