Pheu Thai set to challenge junta order on parties

By The Nation

 

Pheu Thai secretary-general Phumtham Wechayachai

 

The Pheu Thai Party may submit a petition to the Constitutional Court next Monday, asking it to nullify the junta chief’s order to amend the political party law to extend parties’ administrative work periods ahead of the general election, its secretary-general, Phumtham Wechayachai, said on Wednesday.

Phumtham said the party was studying all legal possibilities before moving ahead with the petition. It was also studying what other political parties have done on the issue.

 

Prime Minister General Prayut Chan-o-cha, in his capacity as the National Council for Peace and Order (NCPO) chief, in mid-December issued order No 53/2560 to amend the political party law to extend administrative work periods for parties.

 

Its prime purpose was said to be to help ease time limits for parties to pursue some activities, including updating and registering their membership lists, which would otherwise have ended this month.

 

However, other conditions were also addressed in the new order that political parties see as being more of a burden than a relief.

 

Major parties, including Pheu Thai and the Democrats, have cited various reasons that could put them at a disadvantage ahead of the election.

 

The Pheu Thai Party said in a press briefing on December 27 that, in its view, the order went against the constitution.

 

The order, it added, was unrighteous and a blatant use of authority without respect to the constitution and the law. It was also seen as aiming to destroy the political party system and the rights and freedom of their members, besides adding an unnecessary burden for party members.

 

Pheu Thai said the order would pave the way for the establishment of political parties that support the NCPO and its leader so that it could hold on to power. It said it wished to nullify the order and would seek the Constitutional Court’s ruling on it.

 

On Monday, the Democrat Party held a meeting of its team of lawyers, who decided to file a petition to the Court via the Ombudsman’s Office.

 

Abhisit Vejjajiva, the party leader, said the absence of electronic channels for existing parties to contact their members and the requirement to provide evidence to prove members’ qualifications were clear burdens on political parties and their members, thus violating the 2017 Constitution.

 

The requirement to report the status of party members within 30 days was an additional burden both on the parties themselves and their members, the former prime minister added.

 

Abhisit also pointed out that the new charter requires any legal enactment or amendment to be subject to public consultation in line with Article 77, but the junta’s order failed to meet this need.

 

He added that the junta chief’s absolute power under Article 44 of the interim charter, which was used to issue the order, had become obsolete since the interim charter had been discarded following the promulgation of the 2017 Constitution.

 

In his opinion, the order went against the current charter both in terms of public rights and legitimate procedures.

 

Source: http://www.nationmultimedia.com/detail/politics/30335917

 

-- © Copyright The Nation 2018-01-10

The PT has obviously no chance to succeed with this petition. However, the Dems are not without connections inside the network which is dominant in the judiciary.....

Pheu Thai to challenge in court PM’s order on political parties

By THE NATION

 

File photo : Phumtham

 

PHEU THAI PARTY plans to submit a petition to the Constitutional Court next Monday, asking it to nullify Prime Minister General Prayut Chan-o-cha’s order, in his capacity as junta chief, to amend the political party law, party secretary-general Phumtham Wechayachai said yesterday.

Phumtham said the party was studying legal possibilities and what other political parties had done on the issue before proceeding with the petition.

 

As chief of the National Council for Peace and Order (NCPO), Prayut in mid-December issued Order No 53/2560 to amend the political party law to extend parties’ administrative deadlines, with the stated purpose of facilitating party activities, including updating and registering membership lists, which would otherwise have ended this month.

 

However, other conditions addressed in the new order have been seen by political parties as more of a burden than a benefit.

The two major parties, Pheu Thai and the Democrats, have both cited various reasons how the order could put them at a disadvantage ahead of the election.

 

Pheu Thai stated in a press briefing on December 27 that the order violated the Constitution, adding that it was “unrighteous” and a blatant use of authority without respect for the law.

 

The party also said the order was intended to destroy the political party system and violate the rights and freedom of party members, as well as add an unnecessary burden for those members. The order would also pave the way for the establishment of political parties that support the NCPO and its leader so that it could hold on to power, Pheu Thai said.

 

On Monday, the Democrat Party held a meeting of its lawyers and also decided to file a petition with the Constitutional Court via the Ombudsman’s Office.

 

Democrat leader Abhisit Vejjajiva said Prayut’s order violated the current charter both in terms of public rights and legitimate procedures.

 

Source: http://www.nationmultimedia.com/detail/politics/30335953

 

-- © Copyright The Nation 2018-01-11

3 hours ago, webfact said:

stated purpose of facilitating party activities, including updating and registering membership lists

I think the Plaintiffs would have to show (assuming the Court accepts their petition) that the Order was not consistent with the stated purpose of Orders as prescribed by Article 44 of the 2014 (Interim) Constitution that states the following necessary purposes:

1. reforms in various fields,
2. promotion of unity and amity amongst the people in the Nation or
3. the prevention, abatement, or suppression of an act which subverts peace and order, or national security, royal throne, national economy, or official affairs of the State

(by Office of the Council of State of Thailand, translated from Thai by Wikisource)

https://en.wikisource.org/wiki/Translation:Constitution_of_the_Kingdom_of_Thailand_(Interim)_2014/2014-07-22

• #1 is very broad and ambiguous. NCPO could argue that it applies on a case-by-case basis and election reform has already been a candidate for reform. Order No 53/2560 is just another reform justified by the expediency of the embedded constitutional road map.
• #2 not so good with the two major parties that had a combined 83.5% of the votes cast in the 2011 election objecting to the Order.
• #3 appears to be counter productive to peace and order - see #2 above.

For the sake of transparency I hope the Court does rule on the Plaintiff's proposed complaint. Whether such decision is to have credibility, that will be ultimately decided by the Thai electorate.

Edited January 11, 20188 yr by Srikcir
format

Although I don't the legalities I feel sure that that there would grounds for a petition with a good chance of a ruling in favour...assuming (yes, dangerous I know) a fair verdict. However the PM would probably just use this an as example of remaining conflict in the country and find another reason to delay elections or find another way to restrict political parties.