Judges Confirm Thai Democrat Dissolution Filing Was Unlawful

[webfact]

Judges confirm dissolution filing was unlawful

By The Nation

The majority of Constitution Court judges ruled to dismiss the dissolution of the Democrat Party for alleged misuse of political party development funds because the filing process was unlawful, Judge Charan Pakdithanakul said yesterday.

"Three of the four judges (who voted to dismiss the case) ruled it was crucial for the political registrar to comment on dissolving the party before asking approval from the Election Commission (EC). It's wrong to imply the EC chairman was the political registrar, although he is the same person," Charan said.

The judges voted 4:2 to dismiss the case. The unofficial ruling the court read on Monday gave two reasons for dropping the case, both relating to unlawful process.

First, the Election Commission had filed the case to the Constitution Court in the wrong order. The commission resolved to file the case before the political party registrar had stated his opinion. The court stressed the necessity of the political party registrar's comment.

The other point made by the court, stressing the importance of the EC's resolution, was that the political party registrar must follow the resolution of the commission. And no matter if the political party registrar comments or not, he must file the case within 15 days of the EC resolution on December 17.

Charan said the first point was the conclusion of three judges, while the second point was the decision of one judge. According to Charan, the three majority judges did not consider the statute of limitations.

Charan said he would suggest fellow judges publish individual verdicts on the court's website as he thought all opinion should be revealed to the public. When the public read the individual verdicts they would understand all the decisions.

-- The Nation 2010-12-02

[apollo13]

Quote "It's wrong to imply the Election Commission Chairman was the political registrar , although he is the same person".....Judge Charan Pakdithanakul . Multiple personality disorder ?

[Thaddeus]

Quote "It's wrong to imply the Election Commission Chairman was the political registrar , although he is the same person".....Judge Charan Pakdithanakul . Multiple personality disorder ?

Left hand, right hand?

Or does one just conveniently ignore the other to be used as an excuse/alibi later.

[dominique355]

The Chairman of the EC is also the Registrar, one person - two functions.

What bothers me is that the chairman can voice his opinion about a case before the case has been pending in his commission (at least according to his view). So either he was openly biased in this case or indeed, the case was pending and the 15 days deadline is running. Either way, not a professional conduct of this person.

[apollo13]

The Chairman of the EC is also the Registrar, one person - two functions.

What bothers me is that the chairman can voice his opinion about a case before the case has been pending in his commission (at least according to his view). So either he was openly biased in this case or indeed, the case was pending and the 15 days deadline is running. Either way, not a professional conduct of this person.

Chairman of the Election Commission and Registrar of the Democrat Party, biased in handling dissolution case against Democrat Party, ?...nooooooo , mai jing.

[hammered]

The Chairman of the EC is also the Registrar, one person - two functions.

What bothers me is that the chairman can voice his opinion about a case before the case has been pending in his commission (at least according to his view). So either he was openly biased in this case or indeed, the case was pending and the 15 days deadline is running. Either way, not a professional conduct of this person.

Chairman of the Election Commission and Registrar of the Democrat Party, biased in handling dissolution case against Democrat Party, ?...nooooooo , mai jing.

Mmmm. He is nothing to do with the democrat party. He has two jobs. Election commision chairman and member is job one and job two is registrar of poltical parties. It may make sense to actually have two different people do the jobs in the future with the registrar not being a member or at least not a voting member of the EC.

[apollo13]

The Chairman of the EC is also the Registrar, one person - two functions.

What bothers me is that the chairman can voice his opinion about a case before the case has been pending in his commission (at least according to his view). So either he was openly biased in this case or indeed, the case was pending and the 15 days deadline is running. Either way, not a professional conduct of this person.

Chairman of the Election Commission and Registrar of the Democrat Party, biased in handling dissolution case against Democrat Party, ?...nooooooo , mai jing.

Mmmm. He is nothing to do with the democrat party. He has two jobs. Election commision chairman and member is job one and job two is registrar of poltical parties. It may make sense to actually have two different people do the jobs in the future with the registrar not being a member or at least not a voting member of the EC.

ok, thanks for the correction, hammered, must admit, I find Thai politics confusing at the best of times.

[chuang]

Two jobs can fill two pockets with baht....two pockets are better than one....

[Crushdepth]

It's wrong to imply the EC chairman was the political registrar, although he is the same person," Charan said.

That's stretching credulity a bit, even for Thailand.

[NCFC]

So the lawsuit was thrown out because the Election Commissioner submitted the case before the Registrar of Political Parties gave his opinion on the case. Even though the Commissioner and the Registrar are the same person.

That's stretching a legal technicality to the realms of the absurd.

Wonder why all the Democrat-Elite apologists are missing from this thread. All gone shopping at Big C?

[whybother]

So the lawsuit was thrown out because the Election Commissioner submitted the case before the Registrar of Political Parties gave his opinion on the case. Even though the Commissioner and the Registrar are the same person.

That's stretching a legal technicality to the realms of the absurd.

Wonder why all the Democrat-Elite apologists are missing from this thread. All gone shopping at Big C?

It's been done to death in a couple of other threads ... no need to comment here.

The guy had 2 hats. He couldn't wear both of them at the same time.

[rubl]

So the lawsuit was thrown out because the Election Commissioner submitted the case before the Registrar of Political Parties gave his opinion on the case. Even though the Commissioner and the Registrar are the same person.

That's stretching a legal technicality to the realms of the absurd.

Wonder why all the Democrat-Elite apologists are missing from this thread. All gone shopping at Big C?

It's been done to death in a couple of other threads ... no need to comment here.

The guy had 2 hats. He couldn't wear both of them at the same time.

Hear, hear !

Mind you, other subjects and misconceptions are also regurgitated to a point some get really sick of it

[yellow1red1]

http://www.nationmultimedia.com/specials/nationvdo/showvdo.php?id=3768&cateid=13

her accent is 'thick' - believe she saying there is a 2nd disbandment case in the works!

is that what she is saying? would that NOT be a top story?

or would folks have to stop puking before allowed back on this merry go round? HA HA

[Siam Simon]

So the lawsuit was thrown out because the Election Commissioner submitted the case before the Registrar of Political Parties gave his opinion on the case. Even though the Commissioner and the Registrar are the same person.

That's stretching a legal technicality to the realms of the absurd.

Wonder why all the Democrat-Elite apologists are missing from this thread. All gone shopping at Big C?

It's been done to death in a couple of other threads ... no need to comment here.

The guy had 2 hats. He couldn't wear both of them at the same time.

Not at all a good allegory. A better one would be of a guy who got home from work forgetting that he was wearing a hat. Plus, he took off said hat without realising he was doing so before donning a different hat to go to his second job. Mind you, my allegory's not as daft as the real life story being discussed.

[Siam Simon]

So the lawsuit was thrown out because the Election Commissioner submitted the case before the Registrar of Political Parties gave his opinion on the case. Even though the Commissioner and the Registrar are the same person.

That's stretching a legal technicality to the realms of the absurd.

Wonder why all the Democrat-Elite apologists are missing from this thread. All gone shopping at Big C?

It's been done to death in a couple of other threads ... no need to comment here.

The guy had 2 hats. He couldn't wear both of them at the same time.

Hear, hear !

Mind you, other subjects and misconceptions are also regurgitated to a point some get really sick of it

Yes, they quickly become nauseating when they don't fit the manifesto, don't they?

[rubl]

So the lawsuit was thrown out because the Election Commissioner submitted the case before the Registrar of Political Parties gave his opinion on the case. Even though the Commissioner and the Registrar are the same person.

That's stretching a legal technicality to the realms of the absurd.

Wonder why all the Democrat-Elite apologists are missing from this thread. All gone shopping at Big C?

It's been done to death in a couple of other threads ... no need to comment here.

The guy had 2 hats. He couldn't wear both of them at the same time.

Hear, hear !

Mind you, other subjects and misconceptions are also regurgitated to a point some get really sick of it

Yes, they quickly become nauseating when they don't fit the manifesto, don't they?

Wrong. That has nothing to do with it, being open-minded or at least trying to.

Edited December 3, 2010 by rubl

[SomTumTiger]

The Democrat elite apologists are here - here i am! My side has never burned down a shopping mall - can you say the same? :jap:

[Siam Simon]

The Democrat elite apologists are here - here i am! My side has never burned down a shopping mall - can you say the same? :jap:

But this thread isn't about the arson in May, and I'm sure that rubl plus whybother will jump in to berate you because that one's been over-discussed already .

My own view is that, whilst being personally happy with the result of the dissolution case, and also holding the view that banning parties and politicians doesn't keep them away if they have enough money or patronage, the real issue here is much broader: There have long been some strange decisions taken, 'honest mistakes' excused through to the bizarre memory loss in the current one. I don't agree that some are acceptable and others not. They are ALL unacceptable. And I suspect it would only take one or two strategic changes of allegiance to see the modernisers in the current regime fall victim to such a decision. The recent case may even have been a warning to them not to get too 'uppity'.

[Siam Simon]

cut//Mind you, other subjects and misconceptions are also regurgitated to a point some get really sick of it

Yes, they quickly become nauseating when they don't fit the manifesto, don't they?

Wrong. That has nothing to do with it, being open-minded or at least trying to.

[animatic]

Quote "It's wrong to imply the Election Commission Chairman was the political registrar , although he is the same person".....Judge Charan Pakdithanakul . Multiple personality disorder ?

Left hand, right hand?

Or does one just conveniently ignore the other to be used as an excuse/alibi later.

Different letterhead.

Different official stamps.

Different job title.

Different bank accounts.

If he had cut and pasted word for word his EC opinion onto a P.Reg. letter head,

properly stamped it with his other job title, and sent them in together it might have flown.

But he didn't, and now it is trying to save face and job. Though there maybe a chance

he did this on purpose, but will never admit as such.

Since Thai courts do not use precedent law at all, then that fact other cases were let pass on this can only be seen as mistakes made in the past, and not as going against precedent.

[hammered]

The Democrat elite apologists are here - here i am! My side has never burned down a shopping mall - can you say the same? :jap:

Unfortunately emough indiscretions, violence and muders have been committed by just about every side involved in whatever it is they are involved in. Maybe arson is exclusively linked to one but the other horrors are shared. One problem is that there are no good guys in this anymore even if there were in the first place. It is just by all means possible with total disregard for the ordinary person.

Will anyone or any player rise above it all at some point? Nice letter in the unmentionable one on Friday by Khun Burin appealing for the new red leadership to do exactly this.