Failed Labour general election candidate, Mr Nicky Kelly, has been given leave to challenge the result in the Wicklow constituency in which he missed out on a Dáil seat by just 19 votes.
Independent candidate, Ms Mildred Fox, won the last of the five seats on the tenth count but a number of recounts were ordered before the result was declared.
However, last week the Standards in Public Office Commission (POC), which monitors election spending, issued a long list of successful candidates who spent more than the legal limit in their campaigns.
Among those who had overspent where Fianna Fáil's Mr Joe Jacob and Fine Gael's Mr Billy Timmins. Both men beat Mr Kelly by around 500 votes and were elected on the ninth count.
Mr Kelly, a former chairman of Arklow town council and a member of Wicklow Co Co submitted an affidavit to the High Court in which he said Mr Timmons and Mr Jacob had breached the 38,092 election spending limit, under the 1997 Electoral Act. He said he had not broken the terms of the Act.
The declaration of spending required by the Oireacthas showed Mr Jacob had exceeded the limit by Eu 10,000 and Mr Timmons had exceeded it by about Eu 3,000.
Mr John Rogers SC, with Mr Ross Maguire, for Mr Kelly, said his client had contacted Prof Richard Sinnott of the Department of Politics in UCD had briefly examined the full election count from the Wicklow constituency and concluded that a prima facieargument could be made that the overspend in influenced the outcome of the election result.
Mr Justice Michael Peart granted leave to present the petition.
Yesterday, Ms Kathy Sinnott, who lost out on a seat in Cork South Central by just six votes was granted leave to challenge the result on the basis that the Minister for Health, Mr Martin, who topped the poll in the constituency, did not include his full electoral expenses in his declaration.
She also claimed two other elected Fianna Fáil TDs, Mr Batt O'Keeffe and Mr John Dennehy, would have exceeded the spending limits had their expenses statements included a full account of costs such as mobile telephone bills made on phones paid for by the Oireactas.