The Election Commission (EC) is facing two significant legal challenges that could have significant consequences.
The first is the ruling of the newly appointed president of the Court of Appeal, Witoon Khlongmeekhun, that members of the public have the right to sue directly the seven election commissioners, including EC Secretary-General Sawaeng Boonmee, in the Criminal Court for Corruption and Misconduct Cases.
The ruling contradicts a decision by the previous president of the Court of Appeal, Mantharee Utchin, issued in May this year, which prevents members of the public from directly filing criminal corruption lawsuits against the EC and must, instead, go through the National Anti-Corruption Commission and the Attorney General.
The new ruling states:
“The commission of corruption and misconduct to gain a position in the Senate amounts to depriving the public of their sovereign power.”
The ruling has attracted considerable public attention, because many are skeptical of the Senate election process and suspect that there was something unlawful about the election from the very beginning.
For people who disagree with the EC in the handling of the Senate election collusion controversy, the new Court of Appeal president’s ruling opens a clear legal path for people who feel that they were not fairly treated.
Others say that the ruling reflects the principles of the rule of law, equality and that no one is above the law, including those holding positions in independent organisations such as the EC, which is responsible for holding and ensuring a fair and honest Senate election.
Opposition chief whip Parit Wacharasindhu said the new ruling indicates that the Senate election collusion case will not end “easily” with the EC’s decision to sue a group of only 77 Senate election candidates in the Supreme Court.
The second major legal challenge confronted by the EC concerns the EC’s 5:2 decision on November 3rd to submit a petition to the Constitution Court to rule on the jurisdiction of the Supreme Court in accepting for consideration a petition regarding qualifications of senators. The Constitutional Court is yet to receive the EC’s petition.
Former Constitutional Court judge Charan Pakdeethanakul said that the EC cannot ask the Constitutional Court to review the Supreme Court’s authority. He cited the constitutional principle that establishes that courts operate independently from one another and one court cannot interfere or revise the exercise of judicial authority by another court.
