EC chairman is not confident Feb 2 election can be held

[whybother]

An interim government would be appointed, which will be given a timeframe to hold elections.

Thaksin was care taker for something like 6 months before he was ousted by a coup.

After he was ousted an interim government appointed by he army took care of the country for more than a year before holding elections.

A care-taker government already exists. If the PM was to stand down, a deputy would take her place. There would be no need to appoint anyone.

Thaksin's situation was different. There was an election (April). The election was annulled (May). On May 30 the EC set October 15 as the new election date. Once the coup occurred there was no care-taker government.

[englishoak]

An interim government would be appointed, which will be given a timeframe to hold elections.

Thaksin was care taker for something like 6 months before he was ousted by a coup.

After he was ousted an interim government appointed by he army took care of the country for more than a year before holding elections.

A care-taker government already exists. If the PM was to stand down, a deputy would take her place. There would be no need to appoint anyone.

Thaksin's situation was different. There was an election (April). The election was annulled (May). On May 30 the EC set October 15 as the new election date. Once the coup occurred there was no care-taker government.

Basically this

[ggold]

"He said he had already conveyed his concern to the government and insisted that caretaker Prime Minister Yingluck Shinawatra has the authority to postpone the election."

And she says she hasn't the authority... Someone is clearly wrong here.

Exactly, All someone has to do is point to the clause in the Constitution that shows the conditions of an election and who and under what circumstances the election can be postponed...but no one has been able to do that yet.

PT says it's mandated to be held no less than 45 days and no more than 60 days after house dissolution but the PDRC and EC say it can be delayed...I wish the latter would say how it can be delayed within the ambit of the Constitution.

The double speak is when Yingluck and her cohorts say there is no law to delay the election. Not that I want to bring logic into the debate (this is Thailand after all) But when there is no law, It doesn't mean you can't do something, Which is what Laws are generally designed for!

So anything that happens is squarely on Yinglucks shoulders, Or should I say the caddie who is pulling the strings.

[kurtgruen]

EC chairman is not confident election can be held

EC: "Where is our money???"

Exactly...gives us enough money, Mr. T. and we can make anything happen. Money #1

[Emptyset]

An interim government would be appointed, which will be given a timeframe to hold elections.

Thaksin was care taker for something like 6 months before he was ousted by a coup.

After he was ousted an interim government appointed by he army took care of the country for more than a year before holding elections.

Think youll find the gov would remain and just another PM appointed caretaker from it.

This is not the same as interim gov appointed by the army this is an election process has already been called by an existing civil government and therefore must adhere to the rules.

Regardless im making assumptions but I asked a simple Q that hasnt been shown by anyone neither here nor by the EC or the PDRC......

Still waiting for proof like a ruling or an article # sub section ~ and not just a supposition by you

Yes, that's right. As Bangkok Pundit details, individual constituency elections can be delayed under specific conditions ('riot, flood, fire, force majeure or another case of necessity') but there's nothing in the Constitution that allows for a delay of the election as a whole: http://asiancorrespondent.com/117342/can-the-election-be-delayed/

[spare5]

An interim government would be appointed, which will be given a timeframe to hold elections.

Thaksin was care taker for something like 6 months before he was ousted by a coup.

After he was ousted an interim government appointed by he army took care of the country for more than a year before holding elections.

Think youll find the gov would remain and just another PM appointed caretaker from it.

This is not the same as interim gov appointed by the army this is an election process has already been called by an existing civil government and therefore must adhere to the rules.

Regardless im making assumptions but I asked a simple Q that hasnt been shown by anyone neither here nor by the EC or the PDRC......

Still waiting for proof like a ruling or an article # sub section ~ and not just a supposition by you

Yes, that's right. As Bangkok Pundit details, individual constituency elections can be delayed under specific conditions ('riot, flood, fire, force majeure or another case of necessity') but there's nothing in the Constitution that allows for a delay of the election as a whole: http://asiancorrespondent.com/117342/can-the-election-be-delayed/

Exactlt. RIOT. Isn't there enough RIOT already to postpone election?

[englishoak]

An interim government would be appointed, which will be given a timeframe to hold elections.

Thaksin was care taker for something like 6 months before he was ousted by a coup.

After he was ousted an interim government appointed by he army took care of the country for more than a year before holding elections.

Think youll find the gov would remain and just another PM appointed caretaker from it.

This is not the same as interim gov appointed by the army this is an election process has already been called by an existing civil government and therefore must adhere to the rules.

Regardless im making assumptions but I asked a simple Q that hasnt been shown by anyone neither here nor by the EC or the PDRC......

Still waiting for proof like a ruling or an article # sub section ~ and not just a supposition by you

Yes, that's right. As Bangkok Pundit details, individual constituency elections can be delayed under specific conditions ('riot, flood, fire, force majeure or another case of necessity') but there's nothing in the Constitution that allows for a delay of the election as a whole: http://asiancorrespondent.com/117342/can-the-election-be-delayed/

Exactlt. RIOT. Isn't there enough RIOT already to postpone election?

No because thats when the army intervenes.

And the protesters insist they are not rioting, they are a peaceful movement and any admission they are rioting invalidates all they are claiming to be

Edited December 31, 2013 by englishoak

[geriatrickid]

If he can't do the job, then resign and let someone else get it done.

[Local Drunk]

An interim government would be appointed, which will be given a timeframe to hold elections.

Thaksin was care taker for something like 6 months before he was ousted by a coup.

After he was ousted an interim government appointed by he army took care of the country for more than a year before holding elections.

Think youll find the gov would remain and just another PM appointed caretaker from it.

This is not the same as interim gov appointed by the army this is an election process has already been called by an existing civil government and therefore must adhere to the rules.

Regardless im making assumptions but I asked a simple Q that hasnt been shown by anyone neither here nor by the EC or the PDRC......

Still waiting for proof like a ruling or an article # sub section ~ and not just a supposition by you

Yes, that's right. As Bangkok Pundit details, individual constituency elections can be delayed under specific conditions ('riot, flood, fire, force majeure or another case of necessity') but there's nothing in the Constitution that allows for a delay of the election as a whole: http://asiancorrespondent.com/117342/can-the-election-be-delayed/

I like BP because he does his homework. However; his writing style is so bloody dry it's painful for me to read. But, with regard to this topic the Thais don't seem to understand their own laws ... The postponement of elections seems to all hinge on that last bit of your post "or another case of necessity" . Could anything be more vague?

[Emptyset]

An interim government would be appointed, which will be given a timeframe to hold elections.

Thaksin was care taker for something like 6 months before he was ousted by a coup.

After he was ousted an interim government appointed by he army took care of the country for more than a year before holding elections.

Think youll find the gov would remain and just another PM appointed caretaker from it.

This is not the same as interim gov appointed by the army this is an election process has already been called by an existing civil government and therefore must adhere to the rules.

Regardless im making assumptions but I asked a simple Q that hasnt been shown by anyone neither here nor by the EC or the PDRC......

Still waiting for proof like a ruling or an article # sub section ~ and not just a supposition by you

Yes, that's right. As Bangkok Pundit details, individual constituency elections can be delayed under specific conditions ('riot, flood, fire, force majeure or another case of necessity') but there's nothing in the Constitution that allows for a delay of the election as a whole: http://asiancorrespondent.com/117342/can-the-election-be-delayed/

I like BP because he does his homework. However; his writing style is so bloody dry it's painful for me to read. But, with regard to this topic the Thais don't seem to understand their own laws ... The postponement of elections seems to all hinge on that last bit of your post "or another case of necessity" . Could anything be more vague?

Yes, but even so, that refers only to individual constituency elections. There doesn't seem to be any law or precedent that would allow for postponement of general election as a whole, regardless of circumstances or 'necessity'...

[whybother]

I like BP because he does his homework. However; his writing style is so bloody dry it's painful for me to read. But, with regard to this topic the Thais don't seem to understand their own laws ... The postponement of elections seems to all hinge on that last bit of your post "or another case of necessity" . Could anything be more vague?

Yes, but even so, that refers only to individual constituency elections. There doesn't seem to be any law or precedent that would allow for postponement of general election as a whole, regardless of circumstances or 'necessity'...

The question becomes, what happens when there aren't enough MPs elected? If 25 constituencies don't elect an MP, then parliament can't be formed, and a PM can't be elected. Parliament has to be formed within 30 days of the election (IIRC). What happens after that?

[Thailand]

I am saying nothing more on this subject until next year!

[englishoak]

In that event, the caretaker government must issue another royal decree to call for new elections within 180 days of election day. Not only can the House not convene, but a prime minister will not be nominated as each party chooses a candidate for the job. all these factors would create a power vacuum and Section 7 of the constitution would be invoked to fix the problems involving the elections, while the caretaker government remains in office.

Apparently

footnote I believe there is also no place for the dems in this scenario as they have boycotted this current election and therefore probably not eligible for that next part of the process should it occur.

Bit of a brain fry huh ?

Edited December 31, 2013 by englishoak

[MaxLee]

"After speaking with the government, Mr. Supachai urged those who said they loved the country to actually stand by their words and start helping each other find a solution to the political deadlock for the benefit of the people"

But everybody in power loves money, so why care about the brainless misled propaganda brainwashed revolutionairies

[winstonc]

if he is unsure of his own competency than should leave the job and gave a way to his deputy. His only purpose should be running election, not obstructing it

Pressure from the powers behind Suthep?

Step down and let somebody with balls do the job, male or female!

somebody with balls do the job..male or female... .....

[Thait Spot]

EC Chairman warns government about pushing for elections

.After speaking with the government, Mr. Supachai urged those who said they loved the country to actually stand by their words and start helping each other find a solution to the political deadlock for the benefit of the people.

-- NNT 2013-12-31

A good start would be if Mr Supachai actually did the job he was appointed for!!

Use whatever means needed, the police or the army, and make the registration happen, so the elections can go ahead!!

Stop bending over (Thainess) for an undemocratic madman and his rent-a-mob!!

Time for an inactive post??

Unless you know for a fact what his job parameters are then you are not fit to comment.

Sent from my Nexus 7 using Thaivisa Connect Thailand mobile app

[bunny11kk]

If he is unable to do his job then he should resign and they can appoint someone who is competent.

The same apply to the crab woman!

[siampolee]

whybother post # 41

The question becomes, what happens when there aren't enough MPs elected? If 25 constituencies don't elect an MP, then parliament can't be formed, and a PM can't be elected. Parliament has to be formed within 30 days of the election (IIRC). What happens after that?

Thailand is rapidly advancing to the status of a ''Failed State.'' The obsessive campaign by P.T.P. on behalf of their puppet master has caused the emergence of a vigorous opposition movement that is from the grass roots.That opposition has proved somewhat more longer lasting that many people thought and it would appear that that opposition is not going to vanish so very quickly either.

Suthep is the leader and let's not forget leaders emerge from the crowd due to their oratory skills and personality, however leaders can and are replaced as time and advances in the campaign move on.

There are going to be some interesting times coming. It would seem as if the police are unable or unwilling to ''police '' the situation and there is it seems increasing pressure on the military to act.

Such pressure could well develop into a silent coup to preserve the nation. Indeed so many tangled webs have been woven and the weavers are still busy weaving their multiple complex patterns. In reality is there actually a clue as to, who is who, what is what regarding this current situation.

The comes a time when all have to sit and talk, and there is a good case as far as I can see for a national un-elected governing body drawn from all walks of life and all political beliefs too.None of the current political figures should be included in the committee so as to hopefully ensure there is no bickering and far less corruption

A powerful properly formulated time span so as to allow the governing body to achieve its aims and to get Thailand and its peoples back on track.

The E.C. chairman is in a very untenable position.

Resign and he is lambasted for failing to perform his duties. Stay on and preside over a farcical election and an ensuing stalemate and possibly an increase in civil unrest which of course he would be blamed for.

Indeed I am glad I am not the E.C. chairman, as I am sure I should not be able to sleep well abed at night.

Perhaps a seance or a Ouija board could be employed or co-opted to some committee and contact made with a long since gone King Solomon for some sage advice, couldn't do any worse than we on T.V.F. could it?

Happy New Year to you all.

Edited December 31, 2013 by siampolee

[bigbamboo]

You guys notice how every 40 feet there is a Yingluck poster, and nobody else's? Some democracy, huh?

Years ago you would see posters of that sexy model posing in tennis kit scratching her bare arse.

She was very popular too but that didn't mean she was any good at tennis though.

[ratcatcher]

if he is unsure of his own competency than should leave the job and gave a way to his deputy. His only purpose should be running election, not obstructing it

Pressure from the powers behind Suthep?

Step down and let somebody with balls do the job, male or female!

somebody with balls do the job..male or female... .....

Doesn't the caddie usually have the balls?

[Robby nz]

Exactly, All someone has to do is point to the clause in the Constitution that shows the conditions of an election and who and under what circumstances the election can be postponed...but no one has been able to do that yet.

PT says it's mandated to be held no less than 45 days and no more than 60 days after house dissolution but the PDRC and EC say it can be delayed...I wish the latter would say how it can be delayed within the ambit of the Constitution.

I have already posted this three times as well as the OP which was on this site, but it seems you and several others have missed so once again :

Election postponement possible if parties agree: EC

BANGKOK: -- Election Commission member Somchai Srisuthiyakorn said on Tuesday that the EC is ready to postpone the election from February 2 if political parties reach an agreement to delay it and if it is permitted under the law.

Reasons to postpone

_ A poll can be delayed by 30 days via royal decree if there is civil unrest, floods, fire or other eventualities (according to Article 78 of the 2007 Constitution's organic law on elections);

_ If the ballot papers are damaged or lost (according to Article 85 of the 2007 Constitution's organic law on elections);

_ If only one candidate is elected in a constituency and receives less than 20 per cent of the total vote (according to Article 88 of the 2007 Constitution's organic law on elections);

_ A constituency has no MP candidates;

_ The number of MPs is less than 95 per cent of 500 - the compulsory figure that is needed for the House of Representatives to convene (according to Article 93 of the Constitution).

As some appointed Senators suggested that the Feb 2 election could be postponed under Article 187 of the Constitution, Ms Yingluck said this is a new issue which should be thoroughly studied and the forum could help find the best solution to the current political quagmire

.

Election delay possible

BANGKOK: -- The Election Commission's new team says it could delay the general election from the scheduled date of February 2

You should also note that Thaksin had elections delayed and his term as caretaker PM extended.

So there is a precedent, in the family even.

[whybother]

<snip>

Election postponement possible if parties agree: EC

<snip>

_ The number of MPs is less than 95 per cent of 500 - the compulsory figure that is needed for the House of Representatives to convene (according to Article 93 of the Constitution).

<snip>

This one doesn't make sense. Wouldn't that imply that the election has already taken place, therefore can't be postponed.

[Baerboxer]

If he is unable to do his job then he should resign and they can appoint someone who is competent.

You could say exactly the same about the caretaker PM !

[FangFerang]

Here is a link to the 2007 constitution, written in clear english and approved from the Thai Senate website. Read pages 29, 52 and 92 carefully. It is a pdf file. Both sides have plenty of ammunition to both halt the process and move forward with it. It will, hopefully, be up to the Constitution Court to clarify both sides' interpretations.

Don't be intimidated by the length; instead type in the key phrases or words you want to understand in the pdf search window, and you can scroll through the results easily. A majority of provisions are economic, encouragements for participatory politics, and agricultural issues not directly related to the crisis. I learned more from the actual document in thirty minutes thern I have in a month of news bites from Thai media, and TV.

Happy New Year (and happy hunting)!

http://www.senate.go.th/th_senate/English/constitution2007.pdf

[FangFerang]

<snip>

Election postponement possible if parties agree: EC

<snip>

_ The number of MPs is less than 95 per cent of 500 - the compulsory figure that is needed for the House of Representatives to convene (according to Article 93 of the Constitution).

This one doesn't make sense. Wouldn't that imply that the election has already taken place, therefore can't be postponed.

Not really. If fewer than the required 95% are registered to run, no election result can produce the required number.

[fab4]

Exactly, All someone has to do is point to the clause in the Constitution that shows the conditions of an election and who and under what circumstances the election can be postponed...but no one has been able to do that yet.

PT says it's mandated to be held no less than 45 days and no more than 60 days after house dissolution but the PDRC and EC say it can be delayed...I wish the latter would say how it can be delayed within the ambit of the Constitution.

I have already posted this three times as well as the OP which was on this site, but it seems you and several others have missed so once again :

Election postponement possible if parties agree: EC

BANGKOK: -- Election Commission member Somchai Srisuthiyakorn said on Tuesday that the EC is ready to postpone the election from February 2 if political parties reach an agreement to delay it and if it is permitted under the law.

Reasons to postpone

_ A poll can be delayed by 30 days via royal decree if there is civil unrest, floods, fire or other eventualities (according to Article 78 of the 2007 Constitution's organic law on elections);

_ If the ballot papers are damaged or lost (according to Article 85 of the 2007 Constitution's organic law on elections);

_ If only one candidate is elected in a constituency and receives less than 20 per cent of the total vote (according to Article 88 of the 2007 Constitution's organic law on elections);

_ A constituency has no MP candidates;

_ The number of MPs is less than 95 per cent of 500 - the compulsory figure that is needed for the House of Representatives to convene (according to Article 93 of the Constitution).

As some appointed Senators suggested that the Feb 2 election could be postponed under Article 187 of the Constitution, Ms Yingluck said this is a new issue which should be thoroughly studied and the forum could help find the best solution to the current political quagmire

.

Election delay possible

BANGKOK: -- The Election Commission's new team says it could delay the general election from the scheduled date of February 2

You should also note that Thaksin had elections delayed and his term as caretaker PM extended.

So there is a precedent, in the family even.

Thaksin did not have elections delayed. The second set of elections in 2006 were set by Royal Decree to be held on October 15th 2006. A new Election Commission was needed so the Elections would probably have been delayed to November (within 30 days) if the Army hadn't taken power illegally in a coup and taken away everybodys right to vote a la suthep.

No precedent other than the dems bottling out of the first election in 2006.

[FangFerang]

Election postponement possible if parties agree: EC

BANGKOK: -- Election Commission member Somchai Srisuthiyakorn said on Tuesday that the EC is ready to postpone the election from February 2 if political parties reach an agreement to delay it and if it is permitted under the law.

Reasons to postpone

1_ A poll can be delayed by 30 days via royal decree if there is civil unrest, floods, fire or other eventualities (according to Article 78 of the 2007 Constitution's organic law on elections);

2_ If the ballot papers are damaged or lost (according to Article 85 of the 2007 Constitution's organic law on elections);

3_ If only one candidate is elected in a constituency and receives less than 20 per cent of the total vote (according to Article 88 of the 2007 Constitution's organic law on elections);

4_ A constituency has no MP candidates;

5_ The number of MPs is less than 95 per cent of 500 - the compulsory figure that is needed for the House of Representatives to convene (according to Article 93 of the Constitution).

As some appointed Senators suggested that the Feb 2 election could be postponed under Article 187 of the Constitution, Ms Yingluck said this is a new issue which should be thoroughly studied and the forum could help find the best solution to the current political quagmire

.

Thank you for this information. The first and fourth conditions have already been met (my apologies for numbering your post list, but I did not alter a single word you typed; I only appended numbers). If this violates protocol, I understand the redacted post here.

If they push forward, condition three will undoubtedly happen in Bangkok, where I doubt more than 20% turnout for a list of PT candidates only. More than 5% of constituencies have already pledged no candidates, which fulfills condition five. If none of those stick, the second condition will be met as one protestor threatened to destroy and or "lose" ballots.

Calling this a quagmire is insulting to quicksand. These conditions have conditional conditions dependent on current conditions, and the conditions of those conditions (the preferred lawyer's interpretation, I am certian -- on both sides).

Edited December 31, 2013 by FangFerang

[khunken]

It's a pity that the 'shoot the messenger' PTP acolytes can't understand that the EC chairman is stating the obvious: that there is a serious impediment to the election. He also is saying that a compromise is the best way forward - very sensible if not practical given the polarisation of viewpoints.

It is impossible to see how another bought election can solve any of the myriad faults with the pseudo-democracy here. A virtual one-party state with another amnesty is a frightening outcome.

Edited December 31, 2013 by khunken

[Puccini]

Exactly, All someone has to do is point to the clause in the Constitution that shows the conditions of an election and who and under what circumstances the election can be postponed...but no one has been able to do that yet.

PT says it's mandated to be held no less than 45 days and no more than 60 days after house dissolution but the PDRC and EC say it can be delayed...I wish the latter would say how it can be delayed within the ambit of the Constitution.

I have already posted this three times as well as the OP which was on this site, but it seems you and several others have missed so once again :

Election postponement possible if parties agree: EC

BANGKOK: -- Election Commission member Somchai Srisuthiyakorn said on Tuesday that the EC is ready to postpone the election from February 2 if political parties reach an agreement to delay it and if it is permitted under the law.

Reasons to postpone

_ A poll can be delayed by 30 days via royal decree if there is civil unrest, floods, fire or other eventualities (according to Article 78 of the 2007 Constitution's organic law on elections);

_ If the ballot papers are damaged or lost (according to Article 85 of the 2007 Constitution's organic law on elections);

_ If only one candidate is elected in a constituency and receives less than 20 per cent of the total vote (according to Article 88 of the 2007 Constitution's organic law on elections);

_ A constituency has no MP candidates;

_ The number of MPs is less than 95 per cent of 500 - the compulsory figure that is needed for the House of Representatives to convene (according to Article 93 of the Constitution).

As some appointed Senators suggested that the Feb 2 election could be postponed under Article 187 of the Constitution, Ms Yingluck said this is a new issue which should be thoroughly studied and the forum could help find the best solution to the current political quagmire

.

Election delay possible

BANGKOK: -- The Election Commission's new team says it could delay the general election from the scheduled date of February 2

You should also note that Thaksin had elections delayed and his term as caretaker PM extended.

So there is a precedent, in the family even.

As you say, you have already posted this three times, and three times you were wrong. Here was my reply to one on your three posts: http://www.thaivisa.com/forum/topic/691215-thai-budget-woes-if-govt-delayed/?view=findpost&p=7194483

From Section 78 of the ORGANIC ACT ON ELECTION OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND INSTALLATION OF SENATORS B.E. 2550:

Section 78 In the case where the polling at any polling station could not be made

because of the riot, flood, fire, force majeure or another case of necessity, if such event has

occurred prior to the election day, the Committee of polling station shall determine a new

polling place where the voters shall be able to cast a vote conveniently. If the new polling

place cannot be determined, the Committee of polling station shall announce the cancellation

of vote-casting in such station and shall forthwith report such incident to the Election

Commission.

...

Section 78 does not authorise the Election Commission to cancel the election as a whole. Only when voting cannot be done at any polling station for the cited reasons must a new polling place be determined.

[Puccini]

"He said he had already conveyed his concern to the government and insisted that caretaker Prime Minister Yingluck Shinawatra has the authority to postpone the election."

And she says she hasn't the authority... Someone is clearly wrong here.

Exactly, All someone has to do is point to the clause in the Constitution that shows the conditions of an election and who and under what circumstances the election can be postponed...but no one has been able to do that yet.

PT says it's mandated to be held no less than 45 days and no more than 60 days after house dissolution but the PDRC and EC say it can be delayed...I wish the latter would say how it can be delayed within the ambit of the Constitution.

.I wish the latter would say how it can be delayed within the ambit of the Constitution.

If she resigns.

That wouldn't delay the election. A new care-taker PM would be appointed, and the elections would go ahead as planned.

What section of the constitution or of what law states that a new care-taker Prime Minister would be appointed, and by whom?