Submitted on Mon, 17 Feb 2014 - 09:03 AM
Nitirat, or Enlightened Jurists, a group of law academics from Thammasat University, Bangkok, on Sunday condemned the Election Commission (EC) for intentionally delaying the by-elections for the MPs, and pointed out how parliamentarians or citizens can remove Election Commissioners from office.
Nitirat holds a press briefing at Thammasat University's Faulty of Law on Sunday. Nitirat members (from left): Sawatree Suksri, Chantajira Eiammayura, Worajet Pakeerat, and Piyabutr Saengkanokkul
Worajet Pakeerat, the leading member of Nitirat, said that according to the law, the EC can themselves announce a by-election date without enactment of a new election decree by the government. Since the Constitution rules that elections must be held on the same day across the country, issuing a new decree risks having the February 2 election nullified
Sawatree Suksri, another Nitirat member, said the EC’s proposal to postpone the by-elections to April may be considered to be a violation of a number of laws, such as Article 157 of the Criminal Code regarding the abuse of power by civil servants, and Article 20 of the 2007 Organic Law on Members of Parliament which states that Election Commissioners who intentionally neglect their duties or intentionally delay the formation of Parliament face 1-10 years in jail.
Sawatree said the EC’s behaviour of trying to delay the by-elections and making insufficient efforts to hold an election can be deemed as a violation of these two laws.
Sawatree said Article 270 of the Constitution allows parliamentarians or citizens to remove Election Commissioners. The collection of signatures of at least one quarter of MPs or senators or at least 20,000 voters can remove a Commissioner from office.
Worajet said that although elections in most parts of the country were successful, the election results have not yet been verified because elections in some parts of the country could not be held. The successful candidates will officially become MPs after verification of the election results. Thailand is now in a vacuum where successful candidates have not yet been granted MP status. This will affect the country’s stability. This vacuum should not be prolonged until April. The government will not have full power and civil servants may resist the orders of the government.
He added that the proposal of an outside person to become prime minister is impossible without a coup d’état or tearing up some laws.
