2 February election can be postponed, Constitutional Court rules: Thailand

[webfact]

2 February Election Can Be Postponed, Court Rules
By Khaosod English

BANGKOK: -- The Constitutional Court has paved a legal path for the postponement of 2 February election.

The Court has ruled that, despite the constitutional requirement which dictated that an election must be held in 60 days after the House is dissolved, a postponement of 2 February election would not be unconstitutional.

The Court also clarified that the government and the Election Commission (EC) have the joint authority to postpone the election, namely by issuing a Royal Decree.

It advises the government and the EC to discuss the matter.

The full text of the verdict is not yet available.

The verdict followed a request filed by the EC to the Constitutional Court, asking the judges to determine whether the poll can be postponed.

Key Election Commissioners support the postponement, citing a potential widespread violence which might occur on 2 February should the election go ahead as planned, as anti-government protesters led by People′s Committee for Absolute Democracy With the King As Head of State (PCAD) have vowed to disrupt the election in every possible way.

PCAD demands that an unelected "People′s Council", whose members would be selected by PCAD leadership, be established and implement series of "reforms" before any election is allowed to take place.

The EC′s reluctance to organise the election, and its filing to the Constitutional Court, has led pro-government faction to accuse the EC of conspiring with PCAD to scuttle the 2 February election.

Source: http://www.khaosod.co.th/en/view_newsonline.php?newsid=TVRNNU1EVTFOamd3TVE9PQ==


-- Khaosod English 2014-01-24

[Nowhereman60]

So the court just threw the case right back at the EC. Now what? Can the EC change the date without the government approval? If either side disagree with the other side what happens? Seems the court did a terrible job making a decision here.

[webfact]

RT @tulsathit: RT @suthichai: Constitutional Court ruled a new decree can be issued to postpone election from Feb 2. -- PM and EC should work it out.

[bkkjames]

Hot potato passed, what time is tee-off tomorrow lol

[MunterHunter]

So the court just threw the case right back at the EC. Now what? Can the EC change the date without the government approval? If either side disagree with the other side what happens? Seems the court did a terrible job making a decision here.

Given the line "The Court also clarified that the government and the Election Commission (EC) have the joint authority to postpone the election, namely by issuing a Royal Decree." I would suggest that the Court is saying 'sort it out between yourselves'

Now the ball is back in the Govt's court, do they push ahead and try for the election (it will fail, even if held) or do they back off and agree to postpone... guess its true colours time

[terryp]

PT are just lies lies and more lies...YL is going down and not that way

[Robby nz]

So now the whole country knows that it can be postponed within the constitution.

Over to you madam caretaker PM.

[KimoMax]

The article says that the Court clarified that the government and the EC can "Jointly" postpone by Royal Decree.

Edited January 24, 2014 by KimoMax

[hotrod4098]

very interesting..things are warming up...

saving face time...winner takes all

[airconsult]

So the court just threw the case right back at the EC. Now what? Can the EC change the date without the government approval? If either side disagree with the other side what happens? Seems the court did a terrible job making a decision here.

Well... I think the full reading might be better than this summary - it still doesn't say *what* the basis of delaying an election should be. The reasons listed in the constitution don't seem to apply here, but if the court has not said clearly that these protests constitute a "National" emergency, then I think the government is still on thin ice if it agrees to delay.

[webfact]

Election can be delayed: Constitutional Court

BANGKOK: -- The Constitutional Court ruled that the election can be postponed from February 2.

Constitutional Court judges voted 8:0 to rule that the election could be postponed, according to the court's statement.

The judges voted 7:1 that it would be for the caretaker Prime Minister and the Election Commission chairman to discuss and issue a new royal decree to set a new election date.


-- The Nation 2014-01-24

[millwall_fan]

The government must continue with the elections as planned. If the PDRC were to agree to a 60 day postponement on the basis that they would participate and not disrupt the rescheduled election - fine, the government could agree to that, but the PDRC don't want a postponement - they want a cancellation and that, the government cannot give into. So Feb 2nd will take place and the majority of the seats will be democratically decided. Then there will be by-elections in the 28 seats in which the PDRC prevented candidate registration and in any seats in Bangkok and the South where they manage to disrupt the poll and that process will continue until 95% of the seats are filled then parliament can convene. Which will be months away ....and this aint going to be fun place to live in the while.

[Cricketnut]

So now the whole country knows that it can be postponed within the constitution.

Over to you madam caretaker PM.

Oh I think you forgot the EC as well as they jointly have to work things out. Over and out...

Sent from my i-mobile i-STYLE 8.2 using Thaivisa Connect Thailand mobile app

[webfact]

RT @Saksith: Here’s the fully CC verdict for those with better eyes than mine:

http://pic.twitter.com/ouDIv9LEbG

http://pic.twitter.com/b6PlTZmYJD

http://pic.twitter.com/UlX8rHglWn

[Asiantravel]

but not Suthep and his cronies as caretaker !

Otherwise he will still be caretaker 5 years from now

[newcomer71]

Court said:"I agree that Elections can be postponed, now you EC and YS find an agreement".

The point is: anyway Suthep doesn't give a d_amn about postponement and he made it well clear too many times, so what's everything for?

[Cricketnut]

The government must continue with the elections as planned. If the PDRC were to agree to a 60 day postponement on the basis that they would participate and not disrupt the rescheduled election - fine, the government could agree to that, but the PDRC don't want a postponement - they want a cancellation and that, the government cannot give into. So Feb 2nd will take place and the majority of the seats will be democratically decided. Then there will be by-elections in the 28 seats in which the PDRC prevented candidate registration and in any seats in Bangkok and the South where they manage to disrupt the poll and that process will continue until 95% of the seats are filled then parliament can convene. Which will be months away ....and this aint going to be fun place to live in the while.

spot on the mark!

Sent from my i-mobile i-STYLE 8.2 using Thaivisa Connect Thailand mobile app

[webfact]

MASS RALLY
Protesters will not obstruct election

BANGKOK: -- Anti-government protests will not do anything to obstruct the advance voting this Sunday or the February 2 election, rally spokesman Akanat Promphan said Friday.

However they would continue their gatherings and demonstrations to convey their messages of opposing the idea of having election before political reform.

The decision was made after rally leader Suthep Thaugsuban met with core leaders of the seven rally sites last night.

Suthep earlier said the protesters would block the election, today appeared to have softened his stance. This was echoed in the statement by Akanat, who added that the rally supporters would still conduct their activities, as they want to underline that these are being conducted peacefully.

-- The Nation 2014-01-24

[Crushdepth]

So the court just threw the case right back at the EC. Now what? Can the EC change the date without the government approval? If either side disagree with the other side what happens? Seems the court did a terrible job making a decision here.

Well... I think the full reading might be better than this summary - it still doesn't say *what* the basis of delaying an election should be. The reasons listed in the constitution don't seem to apply here, but if the court has not said clearly that these protests constitute a "National" emergency, then I think the government is still on thin ice if it agrees to delay.

It doesn't say they should, it just says there is a mechanism to do so.

I'm guessing here, but section 187 says the King can has the prerogative to issue a decree not contrary to the law (this is separate the emergency one). Presumably the EC and the Government need to agree on a mutually satisfactory date (good luck!), and then request that such a decree be issued to move the election date.

[Robby nz]

So now the whole country knows that it can be postponed within the constitution.

Over to you madam caretaker PM.

Oh I think you forgot the EC as well as they jointly have to work things out. Over and out...

Sent from my i-mobile i-STYLE 8.2 using Thaivisa Connect Thailand mobile app

The EC has been telling the caretaker PM for some time that it is possible to postpone she has been saying it can not be postponed.

Over to her.

Good you are out.

[Nowhereman60]

Should he be believe? What about the Student network?

Edited January 24, 2014 by Nowhereman60

[Robby nz]

So the court just threw the case right back at the EC. Now what? Can the EC change the date without the government approval? If either side disagree with the other side what happens? Seems the court did a terrible job making a decision here.

Well... I think the full reading might be better than this summary - it still doesn't say *what* the basis of delaying an election should be. The reasons listed in the constitution don't seem to apply here, but if the court has not said clearly that these protests constitute a "National" emergency, then I think the government is still on thin ice if it agrees to delay.

It doesn't say they should, it just says there is a mechanism to do so.

I'm guessing here, but section 187 says the King can has the prerogative to issue a decree not contrary to the law (this is separate the emergency one). Presumably the EC and the Government need to agree on a mutually satisfactory date (good luck!), and then request that such a decree be issued to move the election date.

The OP says :

Key Election Commissioners support the postponement, citing a potential widespread violence which might occur on 2 February should the election go ahead as planned, as anti-government protesters led by People′s Committee for Absolute Democracy With the King As Head of State (PCAD) have vowed to disrupt the election in every possible way.

[Scamper]

Despite Khaosod's utterly gratuitous last sentence, the EC has indeed constitutional authority. The Constitution Court has affirmed it, and Khoasod - and the administration - was wrong. The Yingluck administration said that the EC did not have the authority. They also insisted that a delay was unconstitutional. The Constitution Court ruled that assumption was wrong. And the administration - and Khaosod - should get over it. The Yingluck administration - and Khaosod - have egg all over their face. How's that for a Khaosod headline ?

As the Constitution Court says that the EC and the administration - jointly - have the power to delay, it obviously means that the administration will simply keep on their path, dictate to the EC or ignore it completely, and forge ahead. A terrible decision - but it's Pheu Thai - one can't expect them to suddenly be cured of their inclination to make terrible decisions. So the election goes ahead. In Udon Thani it will be a roaring success, and likely will go smoothly through at least most of the North. But the bets stop there, and it's anyone's guess what's going to happen elsewhere. But even if the whole thing went without a hitch, the numbers add up to a quorum-less parliament before it even starts. There is no endgame for the administration. And in the interim, there is an unprecedented lack of consensus in the country, a great deal of unrest, and an unlawful caretaker-imposed emergency decree, as the Yingluck administration is determined to exit the stage by delivering a good, swift kick to the media.

[Cricketnut]

So now the whole country knows that it can be postponed within the constitution.

Over to you madam caretaker PM.

Oh I think you forgot the EC as well as they jointly have to work things out. Over and out...

Sent from my i-mobile i-STYLE 8.2 using Thaivisa Connect Thailand mobile app

The EC has been telling the caretaker PM for some time that it is possible to postpone she has been saying it can not be postponed.

Over to her.

Good you are out.

Its a test match, second innings to come

Sent from my i-mobile i-STYLE 8.2 using Thaivisa Connect Thailand mobile app

[ubonjoe]

A off topic post has been removed.

[uty6543]

Protesters will not obstruct election

There is no need to obstruct the election as the result is insufficient number of MPs to form a quorum. Result election void. Yingluck carries on as caretaker PM Suthep caries on trying to get her to resign.

Edit add

and during this time maybe NACC will rule on the rice pledging scheme and the change in the composition of the senate and ban many PTP MPs for 5 years or more.

Edited January 24, 2014 by uty6543

[northernjohn]

The government must continue with the elections as planned. If the PDRC were to agree to a 60 day postponement on the basis that they would participate and not disrupt the rescheduled election - fine, the government could agree to that, but the PDRC don't want a postponement - they want a cancellation and that, the government cannot give into. So Feb 2nd will take place and the majority of the seats will be democratically decided. Then there will be by-elections in the 28 seats in which the PDRC prevented candidate registration and in any seats in Bangkok and the South where they manage to disrupt the poll and that process will continue until 95% of the seats are filled then parliament can convene. Which will be months away ....and this aint going to be fun place to live in the while.

If it is going to take months to sort it out why not hold the election after it is sorted out.

Do I sense a fear of failure if the election was held after it was sorted out? Get in when there is no real opposition. Not a surprising attitude for thee PTP as far as they are concerned it is all about them any how and no one else counts.

Besides they won't have to buy votes. Big savings for them.

[Dogmatix]

Election will definitely be postponed now. If the PM continues to ignore the EC's request for a meeting to discuss it or meets them but ignores their advice, the EC commissioners will feel perfectly justified in resigning on the basis that their position is untenable, given that the government refuses to cooperate with them. Then a 3-5 month delay will ensure while new commissioners are selected by the Senate.

No guarantee, however, that things won't go on as before with a hangover, caretaker government waiting a few months for elections and no compromise. But they do seem in a much weaker position without the ability to cite massive voter support, even though it would have been impossible to convene parliament and form a new government. Hopefully this will lead to more pressure for a compromise of some sort.

[Nowhereman60]

Would the government be better off waiting until it can pay off the farmers before an election?

[gemini81]

gives PTP's crooks & head fugitive more time to siphon more funds from the country, as an investment for vote buying in the next election, in the mean time. Unless Chalerm & puppet sink it even faster from bad decisions.

Edited January 24, 2014 by gemini81