Supreme Court To Decide Whether To Nullify Election In Unprecedented Meeting

[Jai Dee]

Courts to decide whether to nullify election

Supreme Court has called an unprecedented meeting of the kingdom's top three judges to consider nullifying the snap polls held earlier this month, a court spokesman said Wednesday.

The decision came after Thailand's highly influential King Bhumibol Adulyadej urged the Supreme Court's 87 justices to resolve a months-long political crisis that drove prime minister Thaksin Shinawatra from office.

The chief justices of the Supreme Court, the Constitutional Court, and the SupremeAdministrative Court will meet Friday to consider whether to nullify the election, or to clear the way for parliament to convene, spokesman Charan Pakdithanakul said.

The meeting of the chief justices of the three courts has been called for April 28 Charan added.

"If the election is voided, a new election date will have to be decided. If it is not nullified, the justices will decide what to do if parliament lacks a quorum of 500 seats," he told local radio earlier.

Thai law prevents parliament from convening until all 500 seats are filled, but after two rounds of voting, 14 seats are still empty because the opposition have boycotted the elections.

Source: The Nation - Breaking News - April 26, 2006 : Last updated 11:41 am (Thai local time)

[ColPyat]

Good, finally we start moving somewhere.

But, whatever decision is made, the solution will only work when all sides stop acting only in their personal interests.

[stumonster]

Supreme Court's 87 justices to resolve a months-long political crisis

agreement out of 87 lawyers/solicitors ...

[jdinasia]

Doesn't have to be 100% of them agreeing ... though I would expect them to make a decision and then act as if they were unified ....

this is gonna be a tough call! I only see one real option .... dump the election and call for a new one at least 90 days out ... but with Celebrations planned who knows what they will do?

[Plus]

Supreme Court finally been told to get off their asses. Can they legally initate any procedings on their own, without being petitioned?

Does anyone expect they'll accept the current election result, as per TRT prepared petition?

Having new electiong coincided with celebrations is not a bad idea, people will be less likely to sell their votes on that day, methinks.

[thedude]

Supreme Court finally been told to get off their asses. Can they legally initate any procedings on their own, without being petitioned?

Does anyone expect they'll accept the current election result, as per TRT prepared petition?

Having new electiong coincided with celebrations is not a bad idea, people will be less likely to sell their votes on that day, methinks.

on the contrary i think another round of elections is a bad option. it takes focus away from the celebrations and god knows what sort of scandal will confront us by that time adding on to HM's worries. and besides, the democrats still dont have any money (and even less credibility lately), and the electorate are tired to going to the polls again. another 2 or 3 months of this and the thai economy can surely kiss this year goodbye.

better to let parliament form and find ways to minimize any effects of not having a full representation.

or perhaps, if the last elections is nullified, could there be grounds to re-install the previous government as it was before the dissolution? will the opposition parties agree to re-convene?

[jdinasia]

another full election has been inevitable from the very beginning ....

I am just trying to figure out when/how this could be accomplished ...

I can't see anything useful resulting if they are not called at least 90 days out ... 120-180 would be even better. Do some work on the constitution and present it at the same time.

deal with pluralism and checks and balances up front ...

[hammered]

There was no need for an election in the first place. What a mess that decision has caused.

[ando]

Wonder if the Democrats will participate next time?

[hammered]

They just announced they will. Wonder when it will be

[ando]

not who will be responsible for calling the actual date, but if TRT has anything to do with it I suspect it will be shortly after the Royal celebrations to minimize the street protest publicity stunts.

[thedude]

could it be a case of too-little-too-late for the democrats?

[hammered]

Looks like we'll back to a parliament with a TRT majority and a different PM with a slightly larger opposition. In other words where we could have been without a house dissolution several months ago.

[jdinasia]

am not sure ... it's not like the Demos could do worse in a real election than they did in 2005 ... once there is no possibility for censure of a PM/Gov't through parlaiment then the results are all the same.

Recent elections showed a big drop in support for TRT ... given 90+ days and a good marketing plan the Demos could make significant strides .. not to mention TRT has had a little fracturing inside recently

[hammered]

Hope you are right, but remember we still have the same election commission. What I have forgotten is that the courts could well end up considering the dissolution of the TRT party. Now that would make difference

[ando]

Whatever way it goes both sides will strut around calling it a victory for democracy.

I'm not sure the democrats would have gained any more support than the no vote had in the last election. In fact I have to wonder if all the turmoil the boycott caused might have turned some swinging voters off them. Conversely TRT supporters would realize the party who has best dealt with their needs is under threat of loosing. A lot of people will be fed up with elections and so could decrease voter turnout in the city. The winning votes are up country and those people have the most to loose, so I expect they will have a strong turnout.

[Plus]

I wouldn't worry too much about the results - it's only until the Constitution is amended, a year or so.

The current elections with one man standing were called "undemocratic", I doubt they will be allowed to stand.

[Jai Dee]

Justice Court to interpret laws that pose doubts

Secretary General of the Judiciary Office, Mr. Chat Chilworn (ชัช ชลวร), announced that the Court of Justice is ready to interpret all related laws that tend to pose doubts and gaps.

Mr Chat said that the authority of the Judicial Power is deemed sovereign, and that it also plays a key role in solving the political crisis in the country.

In regards to His Majesty the King’s speech last night, Court of Justice is preparing to hold a conference, inviting administrators of the Supreme Court and other officials of the courts nationwide.

He said that the conference will be held tomorrow at the office of the Supreme Court at 14.00 hours. He added that the meeting of Chief of three courts will be held at 10.00 hours of this Friday.

He said that the interpretation of the laws are meant to sustain peace in the country and the politcies will have to be accepted by all units.

In addition, for the sake of His Majesty's wishes, Mr Chat requests all sides to compromise.

Source: Thai National News Bureau Public Relations Department - 26 April 2006

[hammered]

I wonder how Thaksin will feel if his election is voided?

[ColPyat]

I wonder how Thaksin will feel if his election is voided?

He will feel back in power with the same vast majority he had before.

[Plus]

As a winner, as usual.

Will he dare to cancel his "no PMship" pledge? Technically he fulfilled that already, it's not his fault elections got nullified.

Did he see the King's speech yesterday? Busy boy was probably on the airplane at that time. Must have knocked him out for a while when he heard it. How is he going to explain that to Koizumi? Should he go back to Europe and re-explain it to Blair, Chirac, and Putin?

>>>>>>>>>>>

Thaksin in Japan to meet Koizumi

Thaksin Shinawatra arrived in Japan Wednesday to meet with Japanese Prime Minister JunichiroKoizumi, an official said.

Thaksin arrived Wednesday afternoon and officials are making arrangements for a meeting between the two leaders Thursday, according to Japan's Foreign Ministry official Satoshi Katahira.

Thaksin has visited Britain, France and Russia prior to Japan and is scheduled to fly out to China after Japan.

[skippybangkok]

Boy, glad i dont have the job as supreme court judge.

Have been in Thailand for 11 years, and have never seen such clear words as in the Bangkok Post 1st page this morning.

[ColPyat]

As a winner, as usual.

Will he dare to cancel his "no PMship" pledge? Technically he fulfilled that already, it's not his fault elections got nullified.

Did he see the King's speech yesterday? Busy boy was probably on the airplane at that time. Must have knocked him out for a while when he heard it. How is he going to explain that to Koizumi? Should he go back to Europe and re-explain it to Blair, Chirac, and Putin?

I would guess that he will have known very soon of the King's speach.

Why should only be Thaksin be so knocked out? I believe that he has far more options left than the PAD, given that one of their two central demands - the Royally appointed interim Prime Minister - has been rejected in clearer words than i have ever heard being spoken.

What do you make of Sondhi's statement of still holding a rally at the 2nd of may, still demanding a Royally appointed interim Prime Minister, and that after the speach?

[marshbags]

I wonder how Thaksin will feel if his election is voided?

................................................................................

...................................................

Knowing the deviousness and renowned ability to minipulate from a distance/inactive post

( HA HA HA ) like hel_l he is!!!!!!!!!!!!

He will have covered all the options and for the record i think he will by more than happy WHEN this comes to pass.

No matter what, unless we believe in miracles TRT will be the elected government and the ongoing stalemate will be over, for now at least.

Politically they will have to change and live up to the Thai peoples constitution as they are elected to do so, or suffer further problems/unrest.

We can only hope that he is kept at a distance, taken to task on all the irregularities, found guilty and barred from office indefinitely.

He must Not be investigated by his cronies and his Puppets as was not long ago.

With the right selection of members and an independant enquiry this shouldn,t be to difficult to prove.

More will surface and those not implicated will want to distance themselves if they have any future inclinations to forward their political careers.

Those that are will get the the honourable kick up the where the sun doesn,t shine and a huge loss of Thai face. pleaseeeeeeeee

marshbags

Edited April 26, 2006 by marshbags

[LaoPo]

From BBC NEWS:

Thai judges heed king's appeal

The revered Thai king rarely makes televised addresses

Thailand's top judges say they will meet on Friday to try to resolve the political crisis, after a rare appeal from the country's revered king.

There is speculation they could nullify the results of the recent election.

In a televised speech on Tuesday, King Bhumibol Adulyadej rejected calls to intervene himself, and said it was up to the courts to solve the "mess".

Thailand has suffered weeks of turmoil, since Prime Minister Thaksin Shinawatra ordered a snap election on 2 April.

Mr Thaksin won the election, but the polls were boycotted by the main opposition parties, and as a result they failed to deliver a full complement of MPs, without which parliament cannot convene.

In the wake of the polls Mr Thaksin announced he would step aside, but his departure has done little to solve the problem of how to form a government.

Hence the comments by the highly revered king late on Tuesday.

"We have to find a way to solve the problem," King Bhumibol said in his televised speech.

"If you don't help to make democracy move forward, it will be the country's downfall," he told the judges, whom he had summoned to his seaside palace.

The king also criticised the 2 April poll, because so many ruling party candidates ran unopposed due to the opposition boycott.

"Having an election with only one candidate running is impossible. This is not a democracy," he said.

Influential figure

His audience appears to have taken heed of his comments. The Supreme Court has now called an unprecedented meeting of the kingdom's top three judges to discuss the issue.

The judges will "consider all legal aspects" of carrying out the king's wishes, Jaran Pakditanakul, secretary-general of the Supreme Court, told the Associated Press.

Thaksin may have stepped aside, but problems remain

Analysts are unclear about what their decision will be, but say the judges could nullify the 2 April election completely and call a new vote.

The main opposition Democrat Party has also taken note of the king's comments.

Since the crisis began, the Democrats have insisted they would not take part in any future elections unless there was substantial constitutional change.

But on Wednesday party leader Abhisit Vejjajiva told reporters his party was now ready to run in new elections.

"The Democrat Party will heed the royal remarks and is willing to co-operate with courts to solve the impasse," he told reporters.

"If co-operation means new elections, the Democrats are ready to run," he added.

Constitutional stalemate

The timing of the king's comments is likely to have been influenced by the fact that, by law, Thailand must have a functioning parliament by the end of this month.

The nine-year-old charter specifies that parliament must meet within 30 days of a general election to form a new government, and that every one of the 500 seats has to be filled before parliament can convene.

Because of the opposition boycott, many ruling Thai Rak Thai party candidates ran unopposed in the election - which meant that, under Thai law, they had to win 20% of the vote to take the seat.

Some of these single candidates did not achieve anything close to that, leaving a number of seats unfilled.

Recent by-elections reduced that number, and the Election Commission plans to hold a third round on Saturday to try to reduce it still further, but all sides are aware that time is running out.

LaoPo

[hammered]

I wonder how Thaksin will feel if his election is voided?

................................................................................

...................................................

Knowing the deviousness and renowned ability to minipulate from a distance/inactive post

( HA HA HA ) like hel_l he is!!!!!!!!!!!!

He will have covered all the options and for the record i think he will by more than happy WHEN this comes to pass.

No matter what, unless we believe in miracles TRT will be the elected government and the ongoing stalemate will be over, for now at least.

Politically they will have to change and live up to the Thai peoples constitution as they are elected to do so, or suffer further problems/unrest.

We can only hope that he is kept at a distance, taken to task on all the irregularities, found guilty and barred from office indefinitely.

He must Not be investigated by his cronies and his Puppets as was not long ago.

With the right selection of members and an independant enquiry this shouldn,t be to difficult to prove.

More will surface and those not implicated will want to distance themselves if they have any future inclinations to forward their political careers.

Those that are will get the the honourable kick up the where the sun doesn,t shine and a huge loss of Thai face. pleaseeeeeeeee

marshbags

It will be interesting to see exactly what the courts decide to interpret. We have the 500 problem, the one party election problem, the no secret ballot problem, the hired opposition problem, the alleged impartiality of the elction commission problem, the alleged vote buying of the PM problem amongst many others. It could be interesting to see how newly empowered courts act. Interestingly the focus seems to be on the administrative and supreme courts which are filled with judges rather than the constitutional court which is a more politically appointed body. Interesting and unpredictable times. It is also interesting to note that Mr. T has yet to comment on developments as does Mr. Chidchai to date.

[britmaveric]

Best interest to keep gobs closed.

[lukamar]

If the courts happen to nullify the elections without repairing the problems that have been caused by the boycott, you may see the country in a much worse state than it is now. Especially if the TRT took a page out of the Democrats book and decided to boycott a new election.

[jdinasia]

huh?

where did that come from? After having read last night's speech ... do you think anyone would boycott?

I could see non-party attached groups calling for another no vote in certain circumstances ... but that would be about it!

But TRT will never have the excuse that the democrats did ... a working parlaiment dissolved because of pressure against one man with the power ... and not because the Gov and Parlaiment were at odds ...

[lung]

---------------

nation 27.04.2006

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HM the King's April 26 speeches (unofficial translation)

His Majesty addressed the Administrative and Supreme Courts' judges during separate Royal audience at Klai Kangwol Palace in Prachuap Khiri Khan on Tuesday at 5.42pm.

HM the King's speech to the Administrative Court's judges

"Now, I will talk about the election. The court itself has the right to discuss the election, especially the candidates who received less than 20 per cent of the vote.

Besides, some of them were the sole candidates in their constituencies, which is critical. The sole candidatures cannot lead to full membership in the House, because a sole candidate must have support from at least 20 per cent.

Is this issue relevant to you? In fact, it should be. The issue of the solecandidacy elections is important because they will never fulfil the quorum. If the House is not filled by elected candidates, the democracy cannot function. If this is the case, the oaths you have just sworn in would be invalid. You have sworn to work for democracy. If you cannot do it, then you may have to resign. You must find ways to solve the problem.

When referring the case to the Constitution Court, the court said it was not their jurisdiction. The Constitution Court said they're in charge of drafting the Constitution and their job was finished after completing the draft.

I ask you not to neglect democracy, because it's a system that enables the country to function.

Another point is whether it was right to dissolve the House and call for snap polls within 30 days. There was no debate about this. If it's not right, it must be corrected.

Should the election be nullified? You have the right to say what's appropriate or not. If it's not appropriate, it is not to say the government is not good. But as far as I'm concerned, a oneparty election is not normal. The one candidate situation is undemocratic.

When an election is not democratic, you should look carefully into the administrative issues. I ask you to do the best you can. If you cannot do it, then it should be you who resign, not the government, for failing to do your duty. Carefully review the vows you have made.

I heard on the radio this morning about the case in Noppitam subdistrict in Tha Sala district in Nakhon Si Thammarat province. It is not the only case. There are other places [where there were election problems] that can cause the collapse of the country. The nation cannot survive if the situation runs contrary to the law.

Therefore, I ask you to carefully study whether you can make a point on this issue. If not, you had better resign. You have been tasked with this duty. You are knowledgeable. You must make the country function correctly. Otherwise, you must have a discussion with the Supreme Court judges who will come in later. Conduct your discussions with people based on knowledge, honesty and faith in your duty to resolve this situation. The country should function according to the law.

I will be grateful if you look into the issue. Otherwise, it will cause a problem, because without the House of Representatives, there won't be democracy. We have many types of courts and councils, and every one of them must work together to find solutions.

What I'm saying may seem a bit strange, but I have to urge you. Otherwise people will cite Article 7 of the Constitution. I affirm that Article 7 does not empower the King to make a unilateral decision. It talks about the constitutional monarchy but does not give the King power to do anything he wishes. If the King did so, he would overstep his duty. I have never overstepped this duty. Doing so would be undemocratic.

They refer to the government under Prime Minister Sanya Dharmasakti. Then, I did not overstep this duty. At that time, we had a parliament but the House Speaker was away. The Deputy House Speaker countersigned according to the Constitution. At that time, the prime minister was not Royally appointed. It was not against the Constitution.

Installing a Royally appointed prime minister means appointing a prime minister without any rules. At that time, Professor Sanya was appointed as prime minister, but a Deputy House Speaker legally countersigned for his appointment.

Go review the history. You are knowledgeable people. You know the guidelines and the principles.

At that time, other councils, even the Sapha Sanam Ma [the National Convention of 1973] that people laughed at, didn't breach the law because Mr Sanya was countersigned for. I was content because it was according to the Constitution's guidelines.

But this time, they will violate the Constitution. I don't know who told them to do so. I myself feel that it's not right. I am asking you to think and act in a way that will not violate the Constitution's guidelines, to help the nation get through these obstacles and prosper.

HM the King's speech to Supreme Court's judges

Now, there was an election in order to ensure democracy. But if Parliament lacks a quorum, it is not democratic. Please consult with the people who govern the country. Please consult with the Supreme Court, the Court of Appeals, the Criminal Court and with other courts as well. It will help the country be governed by democratic rule. Do not wait for a Royally appointed prime minister because that would not be democracy.

I have suffered a lot. Whatever happens, people call for a Royally appointed prime minister, which would not be democracy. If you cite Article 7 of the Constitution, it is an incorrect citation. You cannot cite it. Article 7 has two lines: whatever is not stated by the Constitution should follow traditional practices. But asking for a Royally appointed prime minister is undemocratic. It is, pardon me, a mess. It is irrational.

You are Supreme Court judges with clear heads that can think of a method to work this out. The administration must have a House with a full quorum. If not, it would not be functional. I feel that maybe finding a way to establish a House which lacked a quorum would be messing up. I want to apologise again for using the word "mess". I have no idea who messed up. You cannot administrate the country by messing up. You cannot think in haste and pass the buck to the King, which is worse than messing things up in other areas, because the King has no authority. Please help the court to think. Now the public pins their hope on the courts, especially the Supreme Court, but other courts as well. The people say that the court is still honest and knowledgeable because the judges have learned about the law and scrutinise them carefully so the country survives. If you do not follow legal principles, correct administration principles, the country will not survive as it is today, because there are not enough MPs to fill the quorum of 500. It cannot function. You have to consider how to work this out. You cannot ask the King to make a decision saying that the King has signed his signature. Article 7 does not say that the King has that authority. It does not.

Look at Article 7. The article does not say that a constitutional monarchy means the King has the authority to make an order. I insist that I have never issued any orders without basing them on directives of the articles of the Constitution, laws and Acts. I strictly and correctly have complied with the Constitution.

People have asked for a Royally appointed prime minister, but there is not a rule for this; a prime minister is correctly Royally endorsed every time. There may be people who say that King Rama IX likes to do what he wants, but I have never done that.

Since I became King, there have been several rewritings of the Constitution over several decades. I have never acted on a whim. If I had done that, the country would have sunk a long time ago. Now they ask me to act on a whim. If I do what I am asked to do, they will lambaste and gossip about the King, saying that he acts on a whim. I am not afraid. If I had to, I would do it, but I do not have to.

Supreme Court judges have the right to tell the other courts - the Constitution Court and the Administrative Court. There is no restriction on the Supreme Court. Judges have the right to speak out and make a ruling, therefore I would like to ask you to consider, consult with other judges of other courts such as the Administrative Court, about how to work it out and do it quickly. Otherwise the country will collapse.

I was watching TV awhile ago; a ship weighing several thousand tons was hit by a storm and sank 4,000 metres under the sea. They still have yet to find the cause why the ship sank. Thailand will sink more than 4,000 metres under the sea. Irretrievable. We would not be able to rescue it. So you would also sink, and innocent people would also sink below the ocean.

Now this is the worst crisis to have hit the world. You have the duty to perform and consult with the people who are informed. People call to "rescue the nation". Whatever they do, they call "rescue the country''. What do you rescue? The country has not sank yet. We have to prevent it from sinking, we do not have to rescue it. You have to think carefully how to solve this problem. If you can, please consult with each other.

Actually, people across the country and around the world will rejoice and see that the Supreme Court judges are still competent and knowledgeable and have the willingness to retrieve the country when it is time to do so.

Thank you everyone who has the willingness to perform their duty correctly, so that the country survives and does not need to be rescued. Thank you for trying to carry out your duties well; people will be grateful. Thank you on behalf of the people, everyone in the country, for being strong Supreme Court judges. Thank you for performing your duties well. Be strong in your fight for righteousness and justice in the country. Thank you.

--------------------------

i think ... > new election

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viva la