The High Court has found there has been an inordinate delay by the Government in calling the Donegal South West by-election.
The challenge to the Government's now 17 month delay in filling the seat vacated by Pat 'The Cope' Gallagher was brought by Sinn Fein Senator Pearse Doherty.
His lawyers argued the now 17 month wait is the longest in the history of the State and that constituents are under represented, in breach of democratic and constitutional principles.
The case was however opposed by the State who argued that an intervention by the courts in what was an Oireachtas decision would represent an assault on the separation of powers.
Senator Doherty predicts the by-election will be held before the end of November: