The poll in Tipperary will now take place on Saturday, the returning constituency official, James Seymour, has confirmed.
The vote had been postponed after the sudden death of independent candidate Marese Skehan.
The Department of Housing, Planning and Local Government will soon announce that Saturday’s elections will take place along with 38 other constituencies.
It is believed that the election officials have been officially informed in Tipperary.
Labor Tipperary TD Alan Kelly welcomed the move and said it would have been completely wrong if the five Tipperary TD hadn’t voted for Taoiseach and Ceann Comhairle when the Dáil resumed on February 20.
The Labor Party sought legal advice on the matter, and Kelly said there was a strong constitutional reason to question the postponement.
Attorney General Séamus Woulfe should today provide legal advice to the government on whether the entire general election could be subject to legal challenge following the death of a candidate in Tipperary, Taoiseach Leo Varadkar previously said.
Mr Seymour had said that the postponement was required under the 1992 electoral law.
It states that a returning officer must reject an election in the constituency where the death of a candidate took place and arrange for a new election to be held.
However, Article 16. 3.2 of the Constitution stipulates that a general election must take place no later than 30 days after the dissolution of the Dáil.
It is believed that the Attorney General was concerned that the outcome of the general election in the other 38 constituencies could pose a legal challenge if the Tipperary vote is not held on the same day.
“What is happening now is that the attorney general is preparing legal advice on the options and legal risks if you want to,” Mr. Varadkar told Newstalk’s The Pat Kenny Show on Wednesday morning.
“He will forward this advice to Minister [Eoghan] Murphy later today, and then Minister Murphy will have to make a decision based on this legal advice.”
The minister for local government must sign a decision so that the elections in Tipperary can take place on Saturday, said Varadkar.
Given a legal challenge to the election in Tipperary on Saturday or a subsequent challenge to the entire parliamentary election, Varadkar said the 1992 electoral law was “a law with unintended consequences” and those who drafted it “were probably not”. Do not anticipate this situation. “
“Elections, referenda are always open to legal challenges,” he said.
“We saw a couple of referendums contested in court. Fortunately, the courts have decided not to dismiss the results.
“So, essentially, Secretary Murphy needs to get the best advice from the attorney general and respond in such a way that the risk is minimized that either the Tipperary election or the entire general election will be questioned.”
On Tuesday, RTÉ reported that the independent TD for Tipperary Mattie McGrath had sent a letter to Mr. Woulfe’s office warning that a legal challenge would be instituted next week if the vote in his constituency was postponed.