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

[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.

The government wanted legal assurance. Won't fall into the trap of some EC commissioners who are on the side of the oppostions.

Only problem with that one is that it was the EC who asked the question of the CC not the PM so it was the EC who wanted to be sure they were correct in saying the election could be postponed.

It has now been proved they were correct.

Pure red BS that the EC are on the side of the opposition, they could see the futility and waste of time and money in holding an election and said this time and again.

[Lite Beer]

EC Boss Favours 3-Month Poll Postponement

By Khaosod English.

BANGKOK:-- Election Commissioner Somchai Srisutthiyakorn said the 2 February election should be postponed by at least 3 months.

He told our correspondent that he plans to propose the deferment to Prime Minister Yingluck Shinawatra on 27 January - a day after the scheduled advanced voting session on Sunday.

Mr. Somchai′s comment came after the Constitutional Court ruled that the 2 February can be constitutionally postponed, and granted the joint authority for the poll deferment to the government and the Election Commission (EC).

The verdict effectively invalidates the existing Constitutional requirement which dictates the government to hold a snap election within 60 days since the Prime Minister dissolved the Parliament; Ms. Yingluck dissolved the House in early December.

The Election Commissioner, who has been a vocal advocate of poll postponement, welcomed the verdict.

"The verdict is a good solution," Mr. Somchai said, "It is another door for the government. It doesn′t see the election as a sole solution, but points to legal provision that can postpone the election".

Since the Constitutional Court has removed the mandatory timeframe associated with the election, Mr. Somchai argued, the poll can wait for at least 3 months.

Nevertheless, the advanced voting on 26 January will go ahead as planned, he added.

Source: http://www.khaosod.co.th/en/view_newsonline.php?newsid=TVRNNU1EVTJORGMwTnc9PQ==

-- Khaosod English 2014-01-24

[Dogmatix]

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.

The court has clarified the uncertainty cited by the government that it was unconstitutional to override the royal decree setting the date for 2 Feb and covered itself by making both parties responsible. I would say it is a fairly masterful decision. Now YS is forced to attend the meeting with the EC she ducked earlier. The EC's trump card is that, if she refuses to compromise with them, three of them can resign and cause a 3-5 month delay in elections anyway, while the Senate selects replacements. Declaring a state of emergency seems an own goal in that it is prima facie evidence that the government deems conditions unsuitable for a general election and it is morever in a position to intimidate the media which would result in voiding of an election. Chalerm is already threatening to shutter BlueSkyTV.

[Dogmatix]

EC Boss Favours 3-Month Poll Postponement

By Khaosod English.

BANGKOK:-- Election Commissioner Somchai Srisutthiyakorn said the 2 February election should be postponed by at least 3 months.

He told our correspondent that he plans to propose the deferment to Prime Minister Yingluck Shinawatra on 27 January - a day after the scheduled advanced voting session on Sunday.

Mr. Somchai′s comment came after the Constitutional Court ruled that the 2 February can be constitutionally postponed, and granted the joint authority for the poll deferment to the government and the Election Commission (EC).

The verdict effectively invalidates the existing Constitutional requirement which dictates the government to hold a snap election within 60 days since the Prime Minister dissolved the Parliament; Ms. Yingluck dissolved the House in early December.

The Election Commissioner, who has been a vocal advocate of poll postponement, welcomed the verdict.

"The verdict is a good solution," Mr. Somchai said, "It is another door for the government. It doesn′t see the election as a sole solution, but points to legal provision that can postpone the election".

Since the Constitutional Court has removed the mandatory timeframe associated with the election, Mr. Somchai argued, the poll can wait for at least 3 months.

Nevertheless, the advanced voting on 26 January will go ahead as planned, he added.

Source: http://www.khaosod.co.th/en/view_newsonline.php?newsid=TVRNNU1EVTJORGMwTnc9PQ==

-- Khaosod English 2014-01-24

Oh dear. Advanced voting will mean no ear medicine establishments open tomorrow or Sunday. Better go and get tanked up tonight.

[pipkins]

So, Somchai the buffoon is asking Yingluk now to delay election for 3 months.

She should send the fat idiot off to his masters and Suthep and Abhisit and get their agreement first before she entertains anything to do with him.

Might take him some time to get there if he stops off to dine there again and take selfies in the crowd with his admirers.

I'd love to see him rot in jail for his treason, but this is thailand... and he'll probably get promoted along with those old Dr's from the south to Sutheps incontinence pad changer with any luck!!!!! Sauce for the goose there!

Other people here are at fault and not the Government. It is the conniving between Suthep's failing coup plot, the Army making sure nobody clears the mob off the street and the Courts all acting in unison agains Yingluk that has brought this about.

Government has no obligation to make Dems stand and she cannot make the army allow the police to instill law and order. So the coup plotters (in the eyes of all reasoned observers) are at fault. CC has to allow parliament to run with the number of MP's returned in the short term and not allow the tactics of the fascists to sucdeed. I'll hold my breath...... ok maybe I won't

Suthep ranting today that foreign press don't understand him and BP ran its' most idiotic OP ED. ever to try and back this up. Really backfired and he got the ass kicking off his life on their forum.

Fact is, Suthep is wrong, corrupt and hell bent on getting into power even if he destroys the country. Goverhment have to stand up to him and his army to preserve democracy.

[icommunity]

A response to

Robby nz, on 24 Jan 2014 - 20:00, said:

Only problem with that one is that it was the EC who asked the question of the CC not the PM so it was the EC who wanted to be sure they were correct in saying the election could be postponed.

It has now been proved they were correct.

Pure red BS that the EC are on the side of the opposition, they could see the futility and waste of time and money in holding an election and said this time and again.

My Reply

The government could not ask because PTP is not the only political party that will take part in the 2 Feb election. They are at least 35 parties taking part and they agreed on the 2 Feb according to Royal Decree. It is the voices of the people through their party that count, not just the EC. The people's vocie must be respected.

You are BS-ting.

[rubl]

Ok. This idiotic Elite serving Constitusion is about 8 years old and was a BS when it was written.

How about lowering the quroum for the Parliment to sit?

What is wrong with 85 percent of seat filled for it to function... or less.

Why can 7-8 provinces not sending MP's hold the whole country to hostage?

Or was this put in place to make sure that exactly this could happen if the Elites needed to scupper parliament?

Instead of flaming, please put in writing why the Parliament could not sit with 20 mps missing? 20 MP's I might add, that chose not to contest and chose to obstruct elections.

We have seen the fudge today and this is because they are now hedging. Maybe believe Suthep does not have the numbers to pull off his coup and are hoping to save their skins so they can come back and re-try this coup again later.

The little weasel Akanat was saying yesterday the really need the donations as some business backers not putting money in as they are afraid they PDRC cannot win. That from the horses mouth!!!

Steady on the flames please.

About 90 or more % of the 2007 constitution is identical to the 1997 version. The only real black blob is the 'coup makers' amnesty'.

The dissolution of parties is in both, the 2007 version only got 5-year ban added.

Read all about the 1997, 2007 constitutions and what's good or bad about it.

http://www.asianlii.org/th/legis/const/1997/

http://www.asianlii.org/th/legis/const/2007/

http://www.thailawforum.com/articles/Thailand-Eighteeth-Consititution.html

Fair point and I'll read up on that again when I'm not working

What I am saying, is physically there is no reason why parliament should not be able to function if 20 or so MP's decide not to contest and then obstruct others from doing it.

The CC are pontificating and trying to run PT out of Government. If they want to attain any respect or semblence of Neutrality, they could let parliament sit without anybody from the South until such time as elections can be held. If the people of the south really want to dissenfranchise themselves, let them live under majority rule as everybody else must.

There are solution and compromises out there to be had, but this is just a one sided attack on democracy by people who are staing that they are educated and neutral.... They are neither.

Sorry, but whether things are physically possible or not, the constitution gives clear rules as far as quorum's, total number of MP's elected, etc., etc. If you start with 'but we could do with less' you're on a slippery slope.

As for "people from the South 'dissenfranchise' themselves <-> 'let them live under majority rule'. Lots of people down South feel they live under Thai majority rule, I think. Still if all those who want to live under Pheu Thai majority rule would also start paying for the populistic measures like the non-revolving rice pledge scheme ... ...

[Mackie]

It's really amusing how red shirt supporters are clumsily moving goal posts. Few days ago, they were almost singing in unison, the election postponement is impossible, THE CONSTITUTION, THE CONSTITUTION, and just look at them today. Pathetic complaining and whining just about everything. Why don't you accept the fact that this current lot, which is running the country, is dishonest bunch of incompetent thieves who are robbing the country blind and are buying more time so they could continue with their thieving. Not to mention the amnesty bill. They have no integrity whatsoever.

[rubl]

A response to

Robby nz, on 24 Jan 2014 - 20:00, said:

Only problem with that one is that it was the EC who asked the question of the CC not the PM so it was the EC who wanted to be sure they were correct in saying the election could be postponed.

It has now been proved they were correct.

Pure red BS that the EC are on the side of the opposition, they could see the futility and waste of time and money in holding an election and said this time and again.

My Reply

The government could not ask because PTP is not the only political party that will take part in the 2 Feb election. They are at least 35 parties taking part and they agreed on the 2 Feb according to Royal Decree. It is the voices of the people through their party that count, not just the EC. The people's vocie must be respected.

You are BS-ting.

2013-12-09

""After consultation with many parties, I have submitted a royal decree requesting parliament be dissolved," she said in a nationally televised speech."

Nothing in there that initially parties agreed. It would seem that the government decided.

BTW do you have a list of all those 'at least 35' parties?

[Robby nz]

A response to

Robby nz, on 24 Jan 2014 - 20:00, said:

Only problem with that one is that it was the EC who asked the question of the CC not the PM so it was the EC who wanted to be sure they were correct in saying the election could be postponed.

It has now been proved they were correct.

Pure red BS that the EC are on the side of the opposition, they could see the futility and waste of time and money in holding an election and said this time and again.

My Reply

The government could not ask because PTP is not the only political party that will take part in the 2 Feb election. They are at least 35 parties taking part and they agreed on the 2 Feb according to Royal Decree. It is the voices of the people through their party that count, not just the EC. The people's vocie must be respected.

You are BS-ting.

If the Govt could not ask then why did you state in your previous post :

The government wanted legal assurance. Won't fall into the trap of some EC commissioners who are on the side of the oppostions.

You are making it up as you go along.

[Cnxforever]

......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.

so even if the constitution "dictates" that the election MUST be held within 60 days - we just bend the constitution then a bit when it suits us?

what do we need laws for if we can make them up as we go!

[pipkins]

A response to

Robby nz, on 24 Jan 2014 - 20:00, said:

Only problem with that one is that it was the EC who asked the question of the CC not the PM so it was the EC who wanted to be sure they were correct in saying the election could be postponed.

It has now been proved they were correct.

Pure red BS that the EC are on the side of the opposition, they could see the futility and waste of time and money in holding an election and said this time and again.

My Reply

The government could not ask because PTP is not the only political party that will take part in the 2 Feb election. They are at least 35 parties taking part and they agreed on the 2 Feb according to Royal Decree. It is the voices of the people through their party that count, not just the EC. The people's vocie must be respected.

You are BS-ting.

that would be more creditable if he didn't keep turning up at PDRC rallys.

[spirit47]

So, Somchai the buffoon is asking Yingluk now to delay election for 3 months.

She should send the fat idiot off to his masters and Suthep and Abhisit and get their agreement first before she entertains anything to do with him.

Might take him some time to get there if he stops off to dine there again and take selfies in the crowd with his admirers.

I'd love to see him rot in jail for his treason, but this is thailand... and he'll probably get promoted along with those old Dr's from the south to Sutheps incontinence pad changer with any luck!!!!! Sauce for the goose there!

Other people here are at fault and not the Government. It is the conniving between Suthep's failing coup plot, the Army making sure nobody clears the mob off the street and the Courts all acting in unison agains Yingluk that has brought this about.

Government has no obligation to make Dems stand and she cannot make the army allow the police to instill law and order. So the coup plotters (in the eyes of all reasoned observers) are at fault. CC has to allow parliament to run with the number of MP's returned in the short term and not allow the tactics of the fascists to sucdeed. I'll hold my breath...... ok maybe I won't

Suthep ranting today that foreign press don't understand him and BP ran its' most idiotic OP ED. ever to try and back this up. Really backfired and he got the ass kicking off his life on their forum.

Fact is, Suthep is wrong, corrupt and hell bent on getting into power even if he destroys the country. Goverhment have to stand up to him and his army to preserve democracy.

Take a good cup of tea, and relax...

[rubl]

For now after reading various news reports, CC ruled

1. It is a POSTPONEMENT.

2. It is constitutional to POSTPONE.

3. 2 Feb royal Decree can be nullified in the form of issuing a new one to supersede it.

4, Selecting a new date is the joint responsibility of EC and government just like before.

I am still not clear on what legal basis CC made the ruling. The only legal basis is that they voted 8-0 that it is constitutional to postpone. Wonder if it is a new election law of CC. EC's reasoning was that they afraid of violence MAY erupt and that of wasting tax payers' money.

I hope the emergency law will help pave the way for a new election date.

More questions: If a Royal Decree can be nullified and superseded by issuing a new one constitutionally, will that set a precedent on future Royal Decree?

Anyway, we need judicial reform. As I said before, our legal system and judiciary are in a mess.

The legal base the CC made the ruling on is the constitution. How they voted is inmaterial in that.

So, you may wonder, but no it's not a new law. As for the Emergency 'Decree' it would seem undemocratic to have elections under such restrictive conditions.

BTW 'our' legal system and judiciary?

[rubl]

About 90 or more % of the 2007 constitution is identical to the 1997 version. The only real black blob is the 'coup makers' amnesty'.

The dissolution of parties is in both, the 2007 version only got 5-year ban added.

Read all about the 1997, 2007 constitutions and what's good or bad about it.

http://www.asianlii.org/th/legis/const/1997/

http://www.asianlii.org/th/legis/const/2007/

http://www.thailawforum.com/articles/Thailand-Eighteeth-Consititution.html

Fair point and I'll read up on that again when I'm not working

What I am saying, is physically there is no reason why parliament should not be able to function if 20 or so MP's decide not to contest and then obstruct others from doing it.

The CC are pontificating and trying to run PT out of Government. If they want to attain any respect or semblence of Neutrality, they could let parliament sit without anybody from the South until such time as elections can be held. If the people of the south really want to dissenfranchise themselves, let them live under majority rule as everybody else must.

There are solution and compromises out there to be had, but this is just a one sided attack on democracy by people who are staing that they are educated and neutral.... They are neither.

No. You're being an obtuse farang complaining about every rule that doesn't go the way of your "side" complaining about the constitution, complaining about the courts and just about everything you don't like.

You complain more about this stuff than any Thai person I know including a bunch of strong red shirt supporters.

If you dislike the laws of the land that much, you have a number of options

Sent from my Nexus 4 using Thaivisa Connect Thailand mobile app

As in many countries... bad laws fail. And this law was brought in to ensure Dem rule for all time and to have a few traps whereby Governments could be removed.

So, why can't a gov function with 20 MP's missing. Most of the time there are many more than that missing.

It's because it suits the failed alleged intellects who wrote this law. No other answer and the Dems or anybody else can chose not to contest elections.

I chose not to contest them as do many. What the hell difference does it make if the Dems chose not to. Then never done anything for the country other than give away land, give 35% increase budget to army, help out with the Palm oil scam.

So. why can 8 or 9 constituencies in the south with no interest in democracy hold up the democratic process.

Bet if Suthep needs them on side, they will be running to the poling booths crapping themselves that they forget who to vote for down there. Ever wondered why there is blanket support for suthep down there.... No, ... you need to read much much more.

'bad laws'? Are we still talking about the constitution? Please have a look at the links I provided, do some studying and then start complaining if you still feel like it.

At the moment I fear your comments are somewhat illogical or just based on the single assumption "it's no good"

[MrSlatersParrot]

So, Somchai the buffoon is asking Yingluk now to delay election for 3 months.

She should send the fat idiot off to his masters and Suthep and Abhisit and get their agreement first before she entertains anything to do with him.

Might take him some time to get there if he stops off to dine there again and take selfies in the crowd with his admirers.

I'd love to see him rot in jail for his treason, but this is thailand... and he'll probably get promoted along with those old Dr's from the south to Sutheps incontinence pad changer with any luck!!!!! Sauce for the goose there!

Other people here are at fault and not the Government. It is the conniving between Suthep's failing coup plot, the Army making sure nobody clears the mob off the street and the Courts all acting in unison agains Yingluk that has brought this about.

Government has no obligation to make Dems stand and she cannot make the army allow the police to instill law and order. So the coup plotters (in the eyes of all reasoned observers) are at fault. CC has to allow parliament to run with the number of MP's returned in the short term and not allow the tactics of the fascists to sucdeed. I'll hold my breath...... ok maybe I won't

Suthep ranting today that foreign press don't understand him and BP ran its' most idiotic OP ED. ever to try and back this up. Really backfired and he got the ass kicking off his life on their forum.

Fact is, Suthep is wrong, corrupt and hell bent on getting into power even if he destroys the country. Goverhment have to stand up to him and his army to preserve democracy.

With a 3 month proposed delay it sounds almost like the democrats are lobbying to get back on the ticket.

However apparently good news from the PCAD that they will allow the feb 2nd election to go ahead.

That would be bad news for the democrats.

[Lite Beer]

Charter court rules election can be postponed

BANGKOK: -- The Election Commission will consult with the government about whether the February 2 election will proceed as scheduled or not now that the Constitution Court has ruled that the election can be postponed.

The court ruled unanimously by 8:0 votes that the election could be postponed. It also ruled by 7:1 votes that both caretaker prime minister Yingluck Shinawatra and the EC chairman should be collectively responsible for setting a new election date.

Mr Somchai Srisutthiyakorn, election commissioner in charge of electoral affairs, said Wednesday that if both the EC and the government agreed that the February 2 election should be put off then they would discuss to reschedule the election.

But if the government persists to go on with the February 2 election, he said that the government would have to take responsibility for the three billion baht budget earmarked for holding the election and the advance voting scheduled to take place this Sunday will remain unchanged.

Source: http://englishnews.thaipbs.or.th/charter-court-rules-election-can-postponed/?utm_source=rss&utm_medium=rss&utm_campaign=charter-court-rules-election-can-postponed

-- Thai PBS 2014-01-24

[pipkins]

It's really amusing how red shirt supporters are clumsily moving goal posts. Few days ago, they were almost singing in unison, the election postponement is impossible, THE CONSTITUTION, THE CONSTITUTION, and just look at them today. Pathetic complaining and whining just about everything. Why don't you accept the fact that this current lot, which is running the country, is dishonest bunch of incompetent thieves who are robbing the country blind and are buying more time so they could continue with their thieving. Not to mention the amnesty bill. They have no integrity whatsoever.

Oh dear. Such was your post, I have jumped ship.

Suthep for ever. suthep for ever. have my vote, have my businesss, my life is yours to do with as you wish.

[Dogmatix]

Most of you are forgetting the reasons "why" the election was scheduled in such a rush and "why" the Govt is not keen to postpone it:

1. The 180 days for the Amnesty Bill has not expired yet which they can pass without hinderance if reelected soon

2. The dissatisfaction with payments for the Rice Scheme is growing daily, losing them support from their main power base

They can't and won't postpone.

The 180 days window for the Amnesty Bill no longer applies after the dissolution of parliament but it is not dead. It is held over and can be still be passed by the next government 60 days after it is sworn in.

Point 2 is obviously correct.

[icommunity]

For now after reading various news reports, CC ruled

1. It is a POSTPONEMENT.

2. It is constitutional to POSTPONE.

3. 2 Feb royal Decree can be nullified in the form of issuing a new one to supersede it.

4, Selecting a new date is the joint responsibility of EC and government just like before.

I am still not clear on what legal basis CC made the ruling. The only legal basis is that they voted 8-0 that it is constitutional to postpone. Wonder if it is a new election law of CC. EC's reasoning was that they afraid of violence MAY erupt and that of wasting tax payers' money.

I hope the emergency law will help pave the way for a new election date.

More questions: If a Royal Decree can be nullified and superseded by issuing a new one constitutionally, will that set a precedent on future Royal Decree?

Anyway, we need judicial reform. As I said before, our legal system and judiciary are in a mess.

The legal base the CC made the ruling on is the constitution. How they voted is inmaterial in that.

So, you may wonder, but no it's not a new law. As for the Emergency 'Decree' it would seem undemocratic to have elections under such restrictive conditions.

BTW 'our' legal system and judiciary?

Still not clear. What legal basis under the constitution? The only basis is they voted 8-0. I did not say whether it is inmaterial or not.

Have you read the content of this particular Emergency decree? I wrote : "I hope the emergency law will help pave the way for a new election date."

Yes, 'Our legal system and judiciary. We all Thais are responsible. They don't belong or own by any group or individual.

[soi41]

It's really amusing how red shirt supporters are clumsily moving goal posts. Few days ago, they were almost singing in unison, the election postponement is impossible, THE CONSTITUTION, THE CONSTITUTION, and just look at them today. Pathetic complaining and whining just about everything. Why don't you accept the fact that this current lot, which is running the country, is dishonest bunch of incompetent thieves who are robbing the country blind and are buying more time so they could continue with their thieving. Not to mention the amnesty bill. They have no integrity whatsoever.

Not that I disagree with you completely, but before you fall of your high horse, try to google Suthep+corruption!

[englishoak]

Most of you are forgetting the reasons "why" the election was scheduled in such a rush and "why" the Govt is not keen to postpone it:

1. The 180 days for the Amnesty Bill has not expired yet which they can pass without hinderance if reelected soon

2. The dissatisfaction with payments for the Rice Scheme is growing daily, losing them support from their main power base

They can't and won't postpone.

So many people keep saying that - but why don't you relax? A new government can't be seated on Feb3, it will have to wait on the results of by-elections in the 28 blocked constituencies. By the time that is over, the 180 days will be up.

Thanks, I'm not an idiot and I do know they can't take office (if they win) on Feb 3rd.

What they can probably do however is take office BEFORE 10th May which is the date the 180 days expires. Get it now?

Let's see, 60 days minimum after the election to schedule by-elections (1st round)..... that takes you into April.

Now, if still no candidate gets 20% of the vote in 16 of them, another 30 days until the next round, then another 30 for the final. That's June.

So we now have a ruling and as the gov said they will accept it, good

The two points are the main question here and are the most pressing both in concern and need. so lets look at them for a moment.

1 The amnesty bill also still in question is in all likelihood dead in the water and has been since the negative response, I cannot see the country accepting it being forced in no matter what the opposition to it is far too strong, yes it is possible but very very unlikely to ever happen under these conditions or within the 180 days no matter what. But it is still possible so cannot be ignored.

2 The farmers NEED to be paid. For me this is more pressing and absolutely will not just go away.

So we have point 1 which is a political concern and point 2 which is a real world, life affecting concern. Im going to just look at it from point 2 as the priority but also point 1 which must be also considered.

What is the fastest way to get the farmers paid AND resolve the fears of point 1 ? the farmers should not wait for another 3 months no matter what, whether the election is postponed or goes ahead ( likely into by elections after ) the farmers in all decency should the priority in all this yet its important to deal with 1 at the same time so what to do ?

Well there is a bit of negotiation here of which the EC can help and get its wishes along with the gov. The election can be delayed if the gov decides to and the farmers can be paid if funding can be borrowed.

Seems to me quite simple, allow the funding through for the farmers and delay the election date until after the 180 days, Suthep goes home the democrats register for the election and all parties get out there and start taking it seriously and canvassing etc. In the meantime the caretaker gov pays the farmers life returns to some normality and all heads go away and cool off.

Thailand could take it further. During this time all sides and academics start to draft up concerns and reform ideas along with a public accountable and transparent advisory committee taken from all sides and neutral academics. Preliminary discussion is entered into and reforms start to be made by the next elected government, it would take years to reform properly but the spotlight on the next government would be bright whilst corruption etc is being looked at.... But.... the country NEEDs a democratically elected government in place to preside over reforms not a peoples council that is appointed.

All this can be done,if sides get together as they claim to love their country, and i do believe all sides on some level love thier country even if they are at each others throat.... this is the middle way forward.

So in summary delay the election to deal with point 1 and allow the farmers to be paid with a loan to deal with point 2 ....... everyone get back to normal and contest things in a real election with everyone taking part without all this posturing and bickering.

The wild card here of course is Suthep, his unnamed people council of china and ridiculous demands, it is time for these protesters to go home and believe most would if a delay past the 180 days was given, at the same time it is only right to allow borrowing for the farmers to be paid.

That is my solution and doubt any of it will happen but it is the middle path forwards for everyone, apart from Suthep who i couldnt give a stuff about.

[fleeing]

So, Somchai the buffoon is asking Yingluk now to delay election for 3 months.

She should send the fat idiot off to his masters and Suthep and Abhisit and get their agreement first before she entertains anything to do with him.

Might take him some time to get there if he stops off to dine there again and take selfies in the crowd with his admirers.

I'd love to see him rot in jail for his treason, but this is thailand... and he'll probably get promoted along with those old Dr's from the south to Sutheps incontinence pad changer with any luck!!!!! Sauce for the goose there!

Other people here are at fault and not the Government. It is the conniving between Suthep's failing coup plot, the Army making sure nobody clears the mob off the street and the Courts all acting in unison agains Yingluk that has brought this about.

Government has no obligation to make Dems stand and she cannot make the army allow the police to instill law and order. So the coup plotters (in the eyes of all reasoned observers) are at fault. CC has to allow parliament to run with the number of MP's returned in the short term and not allow the tactics of the fascists to sucdeed. I'll hold my breath...... ok maybe I won't

Suthep ranting today that foreign press don't understand him and BP ran its' most idiotic OP ED. ever to try and back this up. Really backfired and he got the ass kicking off his life on their forum.

Fact is, Suthep is wrong, corrupt and hell bent on getting into power even if he destroys the country. Goverhment have to stand up to him and his army to preserve democracy.

I don't usually get involved in 'flame wars' here on TV, but, for someone who throws the word fascist around so much, your opinions are pretty damn fascistic.

[Dogmatix]

It's really amusing how red shirt supporters are clumsily moving goal posts. Few days ago, they were almost singing in unison, the election postponement is impossible, THE CONSTITUTION, THE CONSTITUTION, and just look at them today. Pathetic complaining and whining just about everything. Why don't you accept the fact that this current lot, which is running the country, is dishonest bunch of incompetent thieves who are robbing the country blind and are buying more time so they could continue with their thieving. Not to mention the amnesty bill. They have no integrity whatsoever.

Oh dear. Such was your post, I have jumped ship.

Suthep for ever. suthep for ever. have my vote, have my businesss, my life is yours to do with as you wish.

Another of their fake legal arguments is that the caretaker government cannot resign. Anyway there will probably now be time for Poo to be forced to resign by the NACC for her role in the fraudulent rice scheme before the elections which would further weaken them.

[FangFerang]

"Anti-government protests will not do anything to obstruct the advance voting this Sunday or the February 2 election"

Both sides have made so many hilarious blunders, so many infantile paralytic judgments, so many thinly-disguised declarations of things now written in stone that my brain has decided that written in stone means scratched into chalk, and declarations mean todays headlines and nothing more..

Pick a side if you want to do so, but this is a quintessential comedy of errors. All you Suthep bashers are having a field day, as well as the Yingluck whackers.

Resume rants. Picking a side in this fiasco is like declaring Ghengis Khan more righteous that Vladimir the Impaler.

[icommunity]

A response to

Robby nz, on 24 Jan 2014 - 20:00, said:

Only problem with that one is that it was the EC who asked the question of the CC not the PM so it was the EC who wanted to be sure they were correct in saying the election could be postponed.

It has now been proved they were correct.

Pure red BS that the EC are on the side of the opposition, they could see the futility and waste of time and money in holding an election and said this time and again.

My Reply

The government could not ask because PTP is not the only political party that will take part in the 2 Feb election. They are at least 35 parties taking part and they agreed on the 2 Feb according to Royal Decree. It is the voices of the people through their party that count, not just the EC. The people's vocie must be respected.

You are BS-ting.

that would be more creditable if he didn't keep turning up at PDRC rallys.

It would be more credible if Somchai didn't keep turning up at PDRC rallys.

[Dogmatix]

Must be a very red and angry square red face on Skype to his sister this evening.

[rubl]

For now after reading various news reports, CC ruled

1. It is a POSTPONEMENT.

2. It is constitutional to POSTPONE.

3. 2 Feb royal Decree can be nullified in the form of issuing a new one to supersede it.

4, Selecting a new date is the joint responsibility of EC and government just like before.

I am still not clear on what legal basis CC made the ruling. The only legal basis is that they voted 8-0 that it is constitutional to postpone. Wonder if it is a new election law of CC. EC's reasoning was that they afraid of violence MAY erupt and that of wasting tax payers' money.

I hope the emergency law will help pave the way for a new election date.

More questions: If a Royal Decree can be nullified and superseded by issuing a new one constitutionally, will that set a precedent on future Royal Decree?

Anyway, we need judicial reform. As I said before, our legal system and judiciary are in a mess.

The legal base the CC made the ruling on is the constitution. How they voted is inmaterial in that.

So, you may wonder, but no it's not a new law. As for the Emergency 'Decree' it would seem undemocratic to have elections under such restrictive conditions.

BTW 'our' legal system and judiciary?

Still not clear. What legal basis under the constitution? The only basis is they voted 8-0. I did not say whether it is inmaterial or not.

Have you read the content of this particular Emergency decree?

Yes, 'Our legal system and judiciary. We all Thais are responsible. They don't belong or own by any group or individual.

Read the constitution. It starts with declaring it's legal base. If as you suggest you are Thai you should know that.

2007 Constitution preamble (1997 version near identical)

"

May there be virtue. Today is the eleventh day of the waxing moon in the ninth month of the year of the Pig under the lunar calendar, being Friday, the twenty-forth day of August under the solar calendar, in the 2550th year of the Buddhist Era.

Phrabat Somdet Phra Paramintharamaha Bhumibol Adulyadej Mahitalathibet Ramathibodi Chakkri Narubodin Sayammintharathirat Borommanatthabophit is graciously pleased to proclaim that the President of the National Legislative Assembly addresses royalty that the democratic regime of government with the King as Head of State has been evolved in Thailand for more than seventy five years and, through this period of time, the Constitutions had been promulgated, repealed and amended for the compliance with the situation of the nation and the changing circumstances and that the Constituent Assembly and the Constitution Drafting Commission have been established by the provisions of the Constitution of the Kingdom of Thailand (Interim), B.E. 2549 so as to prepare the new Constitution for the compatibility of the administration of State affairs in the forthcoming period with due regard to opinions of the public at all steps through the extensive public consultation and all invaluable opinions have been introduced incessantly into drafting process and to the consideration of motions thereon.

This prepared draft Constitution contains the significant principles in maintaining mutual interest of the Thai people in securing of independence and security of the nation, upholding all religions, revering the King as the Head of State and mental representation of the nation, upholding the democratic regime of government with the King as Head of State for the administration of State affairs, rendering the crystallised promotion and protection of rights and liberties of the people, strengthening role and participation of the public in the administration of State affairs and in the examination of the exercise of State power, determining the mechanism for efficiently balancing of powers of political institutions both the legislative and the executive in accordance with the parliamentary regime and strengthening the Court and other independent organisations to perform their duties honestly and fairly.

At the completion of drafting process, the Constituent Assembly had published and disseminated the draft Constitution to the public extensively for acknowledgement and then organised the referendum for public approval thereto. The referendum result has shown that the majority of the people having the right to vote resolved approval to the draft Constitution. The President of the National Legislative Assembly then presents the draft Constitution to the King for His Royal signature to promulgate it as the Constitution of the Kingdom of Thailand and the King is graciously pleased in so doing for the compliance with public opinion.

Be it, therefore, commanded by the King that the Constitution of the Kingdom of Thailand be promulgated to replace, as from the date of its promulgation, the Constitution of the Kingdom of Thailand (Interim), B.E. 2549 promulgated on 1st Day of October B.E. 2549.

May the Thai people unite in observing, protecting and upholding the Constitution of the Kingdom of Thailand in order to maintain the democratic regime of government and the sovereign power derived from the Thai people, and to bring about happiness, prosperity and dignity to His Majesty's subjects throughout the Kingdom according to the will of His Majesty in every respect."

[Gweiloman]

A response to

Robby nz, on 24 Jan 2014 - 20:00, said:

Only problem with that one is that it was the EC who asked the question of the CC not the PM so it was the EC who wanted to be sure they were correct in saying the election could be postponed.

It has now been proved they were correct.

Pure red BS that the EC are on the side of the opposition, they could see the futility and waste of time and money in holding an election and said this time and again.

My Reply

The government could not ask because PTP is not the only political party that will take part in the 2 Feb election. They are at least 35 parties taking part and they agreed on the 2 Feb according to Royal Decree. It is the voices of the people through their party that count, not just the EC. The people's vocie must be respected.

You are BS-ting.

If the Govt could not ask then why did you state in your previous post :

The government wanted legal assurance. Won't fall into the trap of some EC commissioners who are on the side of the oppostions.

You are making it up as you go along.

You don't understand how the game is played, what is meant by covering your behind and passing the buck.

1. Govt dissolves Parliament and calls snap elections, confident that they will be returned to power

2. Democrats, being sure of the same, tries to sabotage the elections by boycotting it

3. With the Dems not participating in the elections, PT is absolutely assured of victory and so pushes ahead with it

4. EC, terrified of the now assured result, tries to convince PT to postpone

5. PT, not wanting to throw away their unexpected gain, cleverly hides behind legalities.

6. In desperation, the EC resorts to the last resort, the CC

7. The CC cleverly rules that the elections can be postponed if both the ED and the Govt jointly agrees

This is now where we are at. Next steps?

8. Govt says we must proceed with elections as the country is unable to function properly and effectively under a caretaker governance (loans, payments to rice farmers, sale of rice etc)

9. EC forced into a corner. They either approve the loans in order to get a postponement of the elections or the elections will go ahead.Either way, checkmate, PT wins......again

[diceq]

......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.

so even if the constitution "dictates" that the election MUST be held within 60 days - we just bend the constitution then a bit when it suits us?

what do we need laws for if we can make them up as we go!

Don't be silly. It's only corruption and law breaking when Thaksin does it. Don't you know that?