1. Plaintiff is an unemployed citizen and resides in East Fealsamthom.
2. The Defedant is the State, its servants or agents.
3. On the 28th March 2004 the Plaintiff observed the Defendant, represented and acting through the President, one Thomas O Ceallaigh, appoint Alex Gairne, a member of the Labour Party, to the position of Electoral Commissioner.
4. The said act was unconstitutional and infringed the plaintiff's right to participate in elections and vote. The particulars of this unconstitutional act (and the infringement of the Plaintiff's right's) included:
(a) Breaching Article 12.2.b of the constitution through the appointment of a member of a political party, one Alex Gairne, a member of the Labour Party, to the position of Electoral Commissioner.
(b) Breaching Article 12.2.a of the constitution by failing to submit this appointment to votes in both the Citizens' Council and Dáil Tománn.
(c) Breaching Article 5.7 of the constitution through the President failing to uphold the constitution and the laws of the Republic.
(d) Breaching Article 12.7 of the constitution by invalidating the standards necessary to insure the election is conducted in a free and fair manner.
(e) Breaching Article 10.1.iii by infringing the right to participate in elections and vote.
5. As a result of the said act the Plaintiff's right to participate in elections and vote was infringed as a result of the invalidation of the standards necessary to insure the election is conducted in a free and fair manner.
AND the Plaintiff claims:
(a) A declaratory order made by the Honourable Court against the State seeking a redress of its unconstitutional act
(b) An injunction made by the Honourable Court to prevent the electoral commissioner carrying out his duties in the above circumstances
(c) Damages for the infringment of the rights in question
(d) The cost of these proceedings
(e) Any other remedies that may be open to the Plaintiff
Seamus Paine
(Sorry, this the best I can do in regards to pleadings) Edited by: Seamus Paine at: 29/3/05 19:51
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