The High Court has refused to grant an injunction restraining the co-option of a Fianna Fáil member for Rathkeale onto Limerick County Council pending the outcome of future legal proceedings.
The injunction had been sought by Co Limerick man Patrick O'Doherty pending the outcome of his challenge to the law which allows political parties to co-opt people onto local councils without a prior by-election.
Mr O'Doherty, Turret Street, Ballingarry, has brought his action against Limerick County Council and the Attorney General with Fiannn Fáil as a notice party.
Mr O'Doherty sought the injunction to restrain members of Limerick County Council from filling the vacancy caused by the resignation of Rathkeale Councillor John Griffin of Fianna Fáil earlier this year. In his full action, he is seeking a declaration that similar cooptions to other councils around the country are invalid.
After today's refusal by Mr Justice Garret Sheehan to grant the order, Mr O'Doherty said he intended to appeal the refusal to the Supreme Court.
Mr Justice Sheehan ruled that the balance of convenience lay against granting the injunction as it would deprive the Rathkeale electorate of a Fianna Fáil representative on Limerick County Council pending a full hearing of the case.
In his full action, Mr O'Doherty claims that Section 19 of the Local Government Act 2001, which gives local authorities the power to coopt replacements prior to a by-election, is unconstitutitonal.
He argues the provison makes membership of a local authority "a chattel" of the politicial parties and/or council members.