Jatuporn May Lose MP Status Over Invalid Pheu Thai Party Membership

[webfact]

RED LEADER

Jatuporn may lose MP status over invalid party membership

THE NATION

Pheu Thai MP Jatuporn Promphan could lose his job because the validity of his party membership is under question, Election Commission member Somchai Juengprasert said yesterday.

"The EC ruling on the Jatuporn case was based on one central issue: whether he has a valid party membership that qualifies him for a House seat," he said.

Somchai explained that the EC debate on Jatuporn's failure to cast his vote in the July 3 general election was a secondary issue and not a critical factor to his disqualification. Jatuporn was unable to cast his vote because he was behind bars.

Under the Constitution, a winning candidate must hold a valid party membership to have the voting outcome endorsed and qualify for the job, Somchai said.

Since the validity of Jatuporn's party membership is being questioned and there have been no previous cases like this, the EC has decided to seek a judicial review from the Constitution Court, he said.

The question about Jatuporn's party membership arose because he is under court-sanctioned remand, he said, adding that there were no clear legal guidelines on whether party membership automatically ends upon remand.

However, he said, the EC's ruling on Jatuporn could help clear up this grey area, adding that the commission needed about a month to prepare the case before seeking a judicial review via the Office of the House Speaker.

Meanwhile, Pheu Thai Party secretary-general Jarupong Ruangsuwan said his party vouched for the validity of Jatuporn's membership.

"Under the instruction of the party leader [Yongyuth Wichaidit], I can confirm that Jatuporn is a proper party member," he said, adding that Jatuporn's position in the party allowed him to contest in the general election.

As for Jatuporn's failure to cast his vote, Jarupong said it was unfair to penalise him because even though he had every intention to cast his ballot, he could not because he was not granted bail.

The Wang Thonglang district office in Bangkok, which had jurisdiction over the polling station, ruled that Jatuporn had a valid reason for failing to vote and that allowed him to retain his voting rights and remain in the electoral process, he said.

Jarupong also said he did not understand the EC ruling, as he cited the case of Pheu Thai candidate Kokaew Pikhulthong, who was under remand during the 2010 by-election but was not penalised. Kokaew was defeated in the poll.

Pheu Thai MP Phiraphan Phalusuk said that at this juncture the EC was merely stating its legal opinions and that the case would be decided by the high court.

He said the lack of consensus in the EC decision was indicative of existing flaws and voiced concern about the authorities maliciously attempting to invoke the law as a pretext to undermine the Pheu Thai-led government.

Democrat MP Rames Rattana-chaweng said Jatuporn was trying to divert attention by raising conspiracy theories.

"The issue is simple and depends on the Constitution Court's ruling, but Jatuporn is dramatising this case by linking his fate to that of the government," he said.

Anti-corruption advocate Mongkolkitt Suksintharanont has submitted a petition at the Office of the House Speaker calling for Jatuporn to return his salary and benefits since he was disqualified.

-- The Nation 2011-12-02

[tominbkk]

I don't know what that terrorist is doing in the govt in the first place.

[animatic]

The dissenting EC voter, has stated an illogical reason for that dissenting vote.

So 4-1, with one not understanding the rules.

This validity of party membership is a 2nd strike against him.

There is no legal 'rule of fairness' that states a 'bail condition violating person on remand', should be let out AGAIN to vote, simply because he wants to, when he is proven to violate bail conditions when released.

Wanting to not have run over the girl with the car,

doesn't mean you don't get charged and tried

for running over the girl with the car.

Jatuporn made his leaky boat, let him sail it to the logical conclusion.

Deep 6'd in Davy Jones political Locker.

Edited December 2, 2011 by animatic

[animatic]

I don't know what that terrorist is doing in the govt in the first place.

Rabble rousing of course.

[Buchholz]

His MP status can be revoked under the Constitution in either of two ways.

The EC has decided upon one.

This one:

Section 106(4) of the Constitution simply states:

Membership of the House of Representatives terminates upon being disqualified under Section 101 of the Constitution

Section 101 of the Constitution lists various qualifications to be an MP. The applicable paragraph is Section 101(3) which requires an MP be a member of a political Party.

We then go to the Organic Act on Political Parties of 1998.

Section 22 of the Organic Act lists conditions in which membership in a political Party terminates. The applicable paragraph is Section 22(3) which lists anyone being disqualified by Section 21.

Section 21 of the Organic Act states:

A person who will be a member must be of Thai nationality by birth, not less than eighteen years of age and not under any of the prohibitions to disfranchisement under the Constitution.

Which leads back to the Constitution.

Section 100 of the Constitution lists prohibitions to disfranchisement (meaning someone who is not allowed to vote).

The applicable paragraph is Section 100(3) states that anyone under detention by court order. This is the situation that Jatuporn was in.

He was jailed in pre-trial confinement after his bail was revoked for violating the bail conditions.

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[tragickingdom]

What a joke. Everybody knows that the EC is doing it in their pants for the royalists who accuse him falsely of lese majeste. The EC handled each and every case of membership questions for all people months ago, suddenly, now they want him in the dock again he is disqualified and they pull an Assad on him.

[Buchholz]

What a joke. Everybody knows that the EC is doing it in their pants for the royalists who accuse him falsely of lese majeste. The EC handled each and every case of membership questions for all people months ago, suddenly, now they want him in the dock again he is disqualified and they pull an Assad on him.

As per 1997 and 2007 Constitutions, 1998 Organic Law on Political Parties....

Not voting = loss of ability to run for MP

Let him run again in the 2012 election.

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