The ballot in Tipperary was called into question following the death of independent candidate Marese Skehan earlier this week.

As a result of her death, the returning officer for Tipperary, James Seymour, ruled that under the electoral laws the election in Tipperary must be postponed, and would take place at a later dater.

Arising out of the returning officer’s decision, nominations for the five-seat constituency would have to be reopened and fresh ballot papers would have to be issued.

However, more recent reports have indicated that the Attorney General’s office is considering the matter and that the election in the constituency may proceed as originally planned.

Mr McGrath, who has been a TD since 2007, wants the vote in Tipperary to go ahead this weekend.

The TD, represented by Michéal O’Higgins SC, initiated judicial review proceedings this morning in which he seeks various orders and declarations aimed at having the returning officer’s decision quashed.

He is also challenging the constitutionality of sections of the electoral laws. The matter was briefly mentioned before the High Court this morning.

The case, which is on notice to the state respondents, is scheduled to return before the High Court later this afternoon.