Breaking News: Constitutional Court Nullifies Elections

[Dario]

THE NATION:

Constitution Court invalidate the April election and order new election

Constitution Court will invalidate the controversial April 2 election and order new election to be held, Judge Ura Wang-ormklang said on Monday.

Ura said the Court will officially issue its ruling in the afternoon.

He was speaking with some reporters during a lunch break. The 14-member Constitution Court judges started their sitting at about 10am.

Ura said eight judges ruled in favour of nullifying the April 2 election which they found unconstitutional while six other judges ruled against. In separate ruling, nine ruled in favour of having new election while five others are against.

The ruling came after two groups of people filed complaints with Constitution Court, alleging that the election is unconstitutional.

The complaints -- filed by a Thammasat University law lecturer and the People's Network for Elections, a Thai watchdog -- argue that the April 2 date was chosen unfairly, that the winners were improperly certified, and that the ruling party had financed campaigns by fringe groups.

The most serious issue was that the ballot booths were placed in a way to compromise voting privacy despite the fact that the constitution stipulate that the voting has to be direct and secret.

When the meeting of judges began at the 10am, about 20 protesters standing outside the court room called on members of the election commission to resign.

The sitting of the judges today on the issues came after HM the King suggested senior judges from the Supreme Court, Supreme Administrative Court and Constitution Court to launch deliberation on a series of cases to determine the legality of Thailand's April 2 snap election which has led to widespread political confusion.

In an audience with newly appointed judges to the Supreme Court and Supreme Administrative Court, HM the King said it was the duty of the judiciary to find a way out of the country's looming constitutional crisis, caused by a highly peculiar snap election held earlier this month.

[kurgen]

YIPEE !

another booze free holiday

[Terminator]

and the show will always go on

[Explorer]

Here we go again!

Explorer

[Loaded]

It could bankrupt TRT all these elections - 500 baht a vote. But maybe that's one way to stop 'money' politics - an election every month.

[womble]

The six who voted that the election results were constitutional are:

Sak Techacharn, Pol Gen Suwan Suwanvechoe, Manit Wittayatem, Jumpol na Songkhla, Suthee Suthisomboon and Suwit Theerapong.

The five who ruled against a new election:

Sak Techacharn, Suwan Suwanvechoe, Jumpol na Songkhla, Suthee Suthisomboon and Suwit Theerapong.

The eight judges who voted to reject the petition for investigating irregulairites in the shin sale were:

Parn Jantrapan, Jumpol na Songkhla, Nopadol Heng-jaroen, Manit Witayatem, Sakdi Techacharn, Sutee Suthisom-boon, Suwan Suwanvecho and Ura Wang-orm-Klang.

THAILAND: Judge 'lobbied' in PM's assets case (bangkok post, oct 14 2004)

Defence witness Wasant Soipisut, president of Court of Appeals Region 7, told the court yesterday that before the Constitution Court handed down its verdict in the Thaksin case one of the eight judges, Jumpol na Songkhla, asked him if he could rule the prime minister innocent on the grounds that he had not breached article 295 of the constitution.

The eight who rules in Thaksins favour in the 2001 asset concealment case were:

Kramol Thongthammachart, Pan Chantarapan, Jumpol na Songkhla and Sak Techacharn, Preecha Chalermvanich, Jul Atirek, Suchinda Yongsunthorn and Anand Ketwong.

Only three of the eight were present today, two voted in favour of letting the election results stand, one of the three present at both trials voted to annul the election.

Edited May 8, 2006 by womble

[bobfla]

Govt free from liability: Pongthep says the BKK Post

Will the court have the 'testicles' to point any fingers of blame?

But we must remember TIT.

[Plus]

I read that some MPs complained about not having money to run again. The figure of 1.5 mil needed was mentioned.

Someone WILL have to bankroll these new elections, and that someone will need a return on his investment, and demand allegiance.

That's where Thaksin's plans will get tested, and very soon. If he doesn't chip in now, he'll have a lot less clout later.

[Maejo Man]

I suppose that the TRT road show will be off and running again Loudspeaker trucks from dawn till dusk preaching the gospel according to St. Toxin.

Earplugs and closed windows spring to mind, as I'm in the heart of Shinawatra country here

[womble]

The next few days will be extremely interesting, will the EC resign, will Thaksin take part in the election, will the date for the election be set at more than 90 days.

This ruling has not by a long shot settled the issues at hand, far from it, it's opened up a whole new can of worms!

[Greer]

I must say that I applaud this action. The snap election was embroiled in controversy which made it impossible for the Thai people to have any faith whatsoever in the outcome.

I hope the issue will finally be settled and allow Thailand to get back to normality again.

OK - before anyone says it - "normality" for Thailand: It may not be what you consider normal, but for us it is... and it's our home...

[Rinrada]

So if the next one wont be a SNAP election........ wots it gonna be then?....a long drawnnnnnn out fiasco..... ...need to change my holiday dates...again.....

[marshbags]

I suppose that the TRT road show will be off and running again Loudspeaker trucks from dawn till dusk preaching the gospel according to St. Toxin.

Earplugs and closed windows spring to mind, as I'm in the heart of Shinawatra country here

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

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

Let no one forget the original cause of these problems and who started them.

They came about due to The Kamoy in Chiefs questionable business ethics and the infamous

Shin Corp sale/ tax law minipulations ( to name but one )

He needs to address this and other dodgy dealings while he,s been in power for the past 5 years.

Then if he is found innocent in a fair and transparent way by a totally independant group of neutral, respected people, and only then, can he think of going back to square one, as they call it.

Other than that the whole episode will just repeat itself and go on and on.

Another point to worry about is obviously the TRT funding for the new elections and who will be the main provider. Who,s got 73 billion to spend ??????

This would also prove to be very dangerous for the demonstrators, i cannot but help thinking of Marcos and the Phillipines when i observe what has been going on and could continue if Thailand isn,t careful.

Now will be a testing time for the TRT party as a whole and show if they really do represent the people and honour the constitution and the deserved start of true democracy for Thailand and it,s citizens.

Time will be the telling of all of the people in power, especially all the cronies.

Just look at the voters on the 2 rulings for and against, this should give you an idea of what may be to come, if the lesson has not been learned and took on board.

In my humble opinion of course.

marshbags

Edited May 8, 2006 by marshbags

[ando]

Its something that had to happen if the country was ever going to get back on track.

There are several key issues that led to the impasse,---

1. The big anti-Thaksin street protests by PAD;

2. The snap election of April 2;

and,

3. The boycott of the afore said April election by the opposition.

Now we have progressed to the point where fresh elections have been called. And The opposition has agreed to participate. The only thing that could derail the recovery process now is if PAD provokes civil unrest again. I seriously doubt the powers in Thailand would again let PAD get away with a re-run of the sequence of events that led to this mess in the first place. Sondhi wont be allowed to pervert the course of democracy again. Even if he did manage to rally a few thousand hard core protesters on the streets they would be "persuaded" to abandon their interference in the democratic process. I think that 95% of the people that got sucked in to Sondhis personal vendetta against Thaksin last time would not participate in disrupting the elections this time round.

What Thaksin decides to do is anyones guess. I suspect he will lead the TRT to victory again in the absence of any real policies by the Democrats. But I also suspect he will honour his word not to run for PM in the new government. The ball is pretty much in his court as he sits back considering his next strategy and keeps us all guessing.

[Mason45]

Its something that had to happen if the country was ever going to get back on track.

There are several key issues that led to the impasse,---

1. The big anti-Thaksin street protests by PAD;

2. The snap election of April 2;

and,

3. The boycott of the afore said April election by the opposition.

Now we have progressed to the point where fresh elections have been called. And The opposition has agreed to participate. The only thing that could derail the recovery process now is if PAD provokes civil unrest again. I seriously doubt the powers in Thailand would again let PAD get away with a re-run of the sequence of events that led to this mess in the first place. Sondhi wont be allowed to pervert the course of democracy again. Even if he did manage to rally a few thousand hard core protesters on the streets they would be "persuaded" to abandon their interference in the democratic process. I think that 95% of the people that got sucked in to Sondhis personal vendetta against Thaksin last time would not participate in disrupting the elections this time round.

What Thaksin decides to do is anyones guess. I suspect he will lead the TRT to victory again in the absence of any real policies by the Democrats. But I also suspect he will honour his word not to run for PM in the new government. The ball is pretty much in his court as he sits back considering his next strategy and keeps us all guessing.

Hey Ando, civil disobedience is a term used by TRT members only, protesting against what people think is wrong is part and parcel of the democratic process, as long as there's no violence. I suppose you're also in favour of the Howard governments work place reforms, are the protesters in Australia guilty of civil disobedience or are they just exercising their democratic rights.

[Gonzo the Face]

I suppose that the TRT road show will be off and running again Loudspeaker trucks from dawn till dusk preaching the gospel according to St. Toxin.

Earplugs and closed windows spring to mind, as I'm in the heart of Shinawatra country here

You got it MJ Man. What you say is very true, and to make matters worse, they run as if they were a train. All 5 or 6 seemingly pulled by the front one, with each having speakers so loud , no one can possibly understand what in the world they are possibly saying. I guess it gets down to "just look where the noise is and see the "X" and vote that way"

By the way, does anyone remember there being an ordinance about not using sound trucks before 9AM ??? They sure have violated that one on my road. Before 8AM

gonzo

[ando]

Mason,

Western democracies have come to accept brief peacefull protests as a genuine part of the democratic process. But when a protest becomes a blockade going on for weeks and months it becomes civil disobedience. I hope you can see the difference there. The big PAD protests were tolerated to avoid unnecessary bloodshed. The sheer size of the protest made it a logistical nightmare to contain it with force. Its certain a lot of people would have died if force was used to remove them.

The rules of the game have now changed however. Most people understand that now. Sondhi understands that too. He knows that the best lynch mob he could raise would be max 5 to 10,000 hard core supporters. And they would be rounded up and taken off the streets in short time in the current situation.

Sondhi himself would be likely to be jailed if he attempts to disrupt the democratic process by organizing civil disobedience. I think he would be smart enough to know that. He is just making a lot of noise and hollow threats now. He doesn't have any real beliefs in democracy or riding Thailand of corruption. He is just on an anti-Thaksin crusade for his own personal agendas.

And No! I don't support Howard or his workplace reforms, not that it has anything to do with what we are discussing here.

[Kaojai]

Govt free from liability: Pongthep says the BKK Post

Will the court have the 'testicles' to point any fingers of blame?

But we must remember TIT.

I sure hope bobfla isn't Bob from Florida. I seem to recall a third world election held there that would make Thailand appear a bastion of democratic rectitude. But we must remember TIusa.

[sriracha john]

Mason,

Western democracies have come to accept brief peacefull protests as a genuine part of the democratic process. But when a protest becomes a blockade going on for weeks and months it becomes civil disobedience. I hope you can see the difference there. The big PAD protests were tolerated to avoid unnecessary bloodshed. The sheer size of the protest made it a logistical nightmare to contain it with force. Its certain a lot of people would have died if force was used to remove them.

The rules of the game have now changed however. Most people understand that now. Sondhi understands that too. He knows that the best lynch mob he could raise would be max 5 to 10,000 hard core supporters. And they would be rounded up and taken off the streets in short time in the current situation.

Sondhi himself would be likely to be jailed if he attempts to disrupt the democratic process by organizing civil disobedience. I think he would be smart enough to know that. He is just making a lot of noise and hollow threats now. He doesn't have any real beliefs in democracy or riding Thailand of corruption. He is just on an anti-Thaksin crusade for his own personal agendas.

And No! I don't support Howard or his workplace reforms, not that it has anything to do with what we are discussing here.

Will the Army be needed to control all these TRT Party MP's who have lost their seats and have said the Courts have no power to remove them?

Will this TRT "lynch mob" refuse to vacate their offices now? When will the water cannons be called out to control their disruption of the democratic practice?

[jdinasia]

Mason,

Western democracies have come to accept brief peacefull protests as a genuine part of the democratic process. But when a protest becomes a blockade going on for weeks and months it becomes civil disobedience.

Not true ...... it is civil disobedience when laws are deliberately broken ... iin this case they were not ,,, it was peaceful assembly mostly in a public space appropriate for it ... I hope you can see the difference there. The big PAD protests were tolerated to avoid unnecessary bloodshed. The sheer size of the protest made it a logistical nightmare to contain it with force. Its certain a lot of people would have died if force was used to remove them. Force was not called for since laws were not broken ... in fact peaceful protest is a right garaunteed in the constitution .... This is just more anti-PAD propoganda

The rules of the game have now changed however. Most people understand that now. Sondhi understands that too. He knows that the best lynch mob he could raise would be max 5 to 10,000 hard core supporters. And they would be rounded up and taken off the streets in short time in the current situation. Again NOT true ... PAD has managed to see Thaksin out of office .. the only reason to Rally again is if things go way out of balance again ... just more anti-PAD propoganda

Sondhi himself would be likely to be jailed if he attempts to disrupt the democratic process by organizing civil disobedience. I think he would be smart enough to know that. He is just making a lot of noise and hollow threats now. He doesn't have any real beliefs in democracy or riding Thailand of corruption. He is just on an anti-Thaksin crusade for his own personal agendas. Sondhi arrested for practicing a right garaunteed in the constitution?[color=#006600] No again ..... have an anti-PAD bias here Ando? or is it just pro-Thaksin?[/color]

And No! I don't support Howard or his workplace reforms, not that it has anything to do with what we are discussing here.

[ColPyat]

Not true ...... it is civil disobedience when laws are deliberately broken ... iin this case they were not ,,, it was peaceful assembly mostly in a public space appropriate for it ...

Public space appropriate such as blocking Rama 1 Rd, or blocking Government House and all roads leading to it for several weeks?

[marshbags]

Mason,

Western democracies have come to accept brief peacefull protests as a genuine part of the democratic process. But when a protest becomes a blockade going on for weeks and months it becomes civil disobedience.

Not true ...... it is civil disobedience when laws are deliberately broken ... iin this case they were not ,,, it was peaceful assembly mostly in a public space appropriate for it ... I hope you can see the difference there. The big PAD protests were tolerated to avoid unnecessary bloodshed. The sheer size of the protest made it a logistical nightmare to contain it with force. Its certain a lot of people would have died if force was used to remove them. Force was not called for since laws were not broken ... in fact peaceful protest is a right garaunteed in the constitution .... This is just more anti-PAD propoganda

The rules of the game have now changed however. Most people understand that now. Sondhi understands that too. He knows that the best lynch mob he could raise would be max 5 to 10,000 hard core supporters. And they would be rounded up and taken off the streets in short time in the current situation. Again NOT true ... PAD has managed to see Thaksin out of office .. the only reason to Rally again is if things go way out of balance again ... just more anti-PAD propoganda

Sondhi himself would be likely to be jailed if he attempts to disrupt the democratic process by organizing civil disobedience. I think he would be smart enough to know that. He is just making a lot of noise and hollow threats now. He doesn't have any real beliefs in democracy or riding Thailand of corruption. He is just on an anti-Thaksin crusade for his own personal agendas. Sondhi arrested for practicing a right garaunteed in the constitution?[color=#006600] No again ..... have an anti-PAD bias here Ando? or is it just pro-Thaksin?[/color]

And No! I don't support Howard or his workplace reforms, not that it has anything to do with what we are discussing here.

Good editing J.in A and the correct replies from my take on all relevant points.

Also as S.J. asks :-

Will the Army be needed to control all these TRT Party MP's who have lost their seats and have said the Courts have no power to remove them?

NO efin chance

Will this TRT "lynch mob" refuse to vacate their offices now? When will the water cannons be called out to control their disruption of the democratic practice?

Can their fellow compatriots in the various forces sumersault and disappear up their own orifices.

Never in a millinium.....

marshbags

Edited May 8, 2006 by marshbags

[Sulaphat]

A "small party" was allegedly dissolved by the EC because it had been induced to field candidates by a "large party" in an attempt to circumvent the 20% rule for unopposed candidates. I have read in the media that the dissolution penalty applies to all parties to such activity. Therefore perhaps certain groups of people might have the idea that the EC has yet to fully discharge its legal obligations.

Would be interesting to have the "large party" dissolved and then have elections called within the 90 day period in which candidates can't switch parties. Turnabout fair play?

[Hermano Lobo]

I wonder if Toxin will holding up that stupid table-tennis bat of his again?

What does it say in Thai = "I'm a c**t"

[asd]

Constitution Court invalidate the April election and order new election

The Constitution Court ruled on Monday invalidated the controversial April election and ordered a new election to be held, Court's Secretary General Paiboon Warahapaithoon said.

Eight of the court's 14 judges voted that the polls had been unconstitutional for a variety of reasons, such as the manner in which the ballot booths were placed in a way to compromise voting privacy.

Eight judges who ruled the election is unconstitutional were; Pan Chantarapan, Jira Boonpochanasoonthorn, Noppadol Hengcharoen, Preecha Chalermwanich, Mongkol Sara-an, Saowanee Assawaroj, Apai Chantanajullaka and Ura Wang-ormklang.

- Mr. Pan Chantarapan : The president of the Constitution Court -

Six other judges who ruled that the April 2 election was conducted properly and legitimate were; Sak Techacharn, Pol Gen Suwan Suwanvechoe, Manit Wittayatem, Jumpol na Songkhla, Suthee Suthisomboon and Suwit Theerapong.

The court also voted 9-5 that a new election should be held, Paiboon said at a press conference.

The nine judges were Jira Boonyapochanasoonthorn, Noppadol Hengcharoen, Preecha Chalermwanich, Mongkol Sara-an, Manit Wittayatem, Saowanee Assawaroj, Apai Chantanajullaka, Ura Wang-ormklang and Pan Chantarapan.

The five others Sak Techacharn, Suwan Suwanvechoe, Jumpol na Songkhla, Suthee Suthisomboon and Suwit Theerapong.

In past cases, Pan has repeatedly voted in favour of the government of Caretaker Prime Minister Thaksin Shinawatra.

Meanwhile leading opposition party, the Democrats, who boycotted the April 2 polls, said they are now ready to contest a new election.

"We are preparing for the new election, but we still have no details on the election day," said Democrat spokesman Ong-art Klampaiboon.

The historic ruling came after two groups of people filed complaints with Constitution Court, alleging that the election is unconstitutional.

The complaints -- filed by a Thammasat University law lecturer and the People's Network for Elections, a Thai watchdog -- argue that the April 2 date was chosen unfairly, that the winners were improperly certified, and that the ruling party had financed campaigns by fringe groups.

The most serious issue was that the ballot booths were placed in a way to compromise voting privacy despite the fact that the constitution stipulate that the voting has to be direct and secret.

When the meeting of judges began at the 10am, about 20 protesters standing outside the court room called on members of the election commission to resign.

The sitting of the judges today on the issues came after HM the King suggested senior judges from the Supreme Court, Supreme Administrative Court and Constitution Court to launch deliberation on a series of cases to determine the  legality of Thailand's April 2 snap election which has led to widespread political confusion.

In an audience with newly appointed judges to the Supreme Court and Supreme Administrative Court, HM the King said it was the duty of the judiciary to find a way out of the country's looming constitutional crisis, caused by a highly peculiar snap election held earlier this month.

The Nation

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

- Court's Secretary General Paiboon Warahapaithoon -

Click to listen >>> The Constitution Court ruled on Monday invalidated the controversial April election.

http://www.managerradio.com/Radio/DetailRa...program_id=4287

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

[deminister]

Bet that clown Abhisit will claim again that he is ready to take up the prime ministers post, just like in March.... but then his old boss came around, Sanan with the big ears, and Sanan probably threatened to reveal certain secrets when he would not play along...

One thing at least became clear, Abhisit lack all credentials and weight to become anything more than a back bencher!

[cmcole]

I must say that I applaud this action. The snap election was embroiled in controversy which made it impossible for the Thai people to have any faith whatsoever in the outcome.

I hope the issue will finally be settled and allow Thailand to get back to normality again.

OK - before anyone says it - "normality" for Thailand: It may not be what you consider normal, but for us it is... and it's our home...

Absolutely, Greer!! It appears that His Majesty's speech to the judges 2 weeks ago made an impact, and they really did feel that an injustice was done. WHOOPEEE!!

King Bhumipol is one of the wisest men in the world, and Thailand has the great fortune to have him as their King. The whole world needs more men like this!

And like you, Greer, this is my home. I personally honor with deep respect that Thailand allows me to live in this great nation. If more foreigners respected that this is NOT their home country, but their host country, and showed respect to our humble hosts accordingly, then we would all live in 99% paradise.

I sure do hope that the new Prime Minister cares more about his country and its people than about how much money he can make for himself. Maybe this time he will use His Majesty's example to lead the people.

Now we'll see a proportional relationship of intelligence to Bushisms by the type of responses made about my "Host country" statement.

[jdinasia]

Not true ...... it is civil disobedience when laws are deliberately broken ... iin this case they were not ,,, it was peaceful assembly mostly in a public space appropriate for it ...

Public space appropriate such as blocking Rama 1 Rd, or blocking Government House and all roads leading to it for several weeks?

Public space like Sanam Luang ...... was Rama1 Road in fact blocked for "weeks"? no ... was Gov't house "blocked for weeks"? no

oi

[Joel Barlow]

And guess what else happened today - the baht bounced back to 37.5 from 37.8.

something about 140 billion suddenly 'entering' the economy... and someone perhaps wanting to get the most from whatever he now decides to invest elsewhere (overseas, I presume)

[Greer]

Hi CM - you have also added the words I was going to put into my post, but I guess I chickened out in case someone took the wrong angle on it.

Our King is certainly a very dedicated and wise man - his quiet and understated manner gives great power and credence to his every word and action.

I hope, as you do, that the new politcos will try to honour the faith that the Thai people put in them. I suspect that the UK will be a tropical wonderland before that happens, but we live in hope...and judging by the political upheavals going on during my current visit to England, it's not much better here!

I am really looking forward to getting back home soon....!

Edited May 8, 2006 by Greer