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

[webfact]

Thai court throws poll decision back to PM, vote body

BANGKOK, January 24, 2014 (AFP) - Thailand's Constitutional Court on Friday threw a decision on whether to delay a general election due to deadly political unrest back to the prime minister and the election commission.

The court ruled that the February 2 vote could be postponed but said it was the joint responsibility of Prime Minister Yingluck Shinawatra and the chairman of the Election Commission to make the decision.

Yingluck is under intense pressure to step down after nearly three months of street rallies aimed at ousting her elected government and installing an unelected "people's council".

Nine people have been killed and hundreds injured in grenade attacks, drive-by shootings and street clashes since the protests began at the end of October.

The main opposition party is boycotting the February election, while protesters have vowed to disrupt voting, saying reforms are needed to tackle corruption and vote-buying before polls are held in around a year to 18 months.

The government previously rejected the Election Commission's call to postpone the polls, noting that under the constitution an election should normally be held no more than 60 days after the dissolution of parliament, which happened in early December.

On Thursday, protest leader Suthep Thaugsuban threatened to "close every route" to polling stations, saying the election would not be allowed to take place.

Some constituencies have no candidates because demonstrators blocked registrations, so even if Yingluck's party wins it may not have enough MPs to appoint a government.

The kingdom has been periodically rocked by political bloodshed since her older brother, former prime minister Thaksin Shinawatra, was overthrown by royalist generals in a coup more than seven years ago.

The demonstrators have staged a self-styled "shutdown" of Bangkok since January 13, erecting roadblocks and rally stages at several main intersections including in the main hotel and shopping districts, although attendance has gradually fallen since last week.

The government on Tuesday declared a 60-day state of emergency in Bangkok and surrounding areas to deal with the unrest.


-- (c) Copyright AFP 2014-01-24

[Tatsujin]

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.

[airconsult]

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

So, if they won't obstruct the election, then it can go-ahead - along with the by-elections in the 28 southern constituencies with no current registered candidates.

Absent a "national" emergency, that's the process the constitution calls for.

[MobileContent]

I know of at least 14 people that received 100 Baht each to come to a rally in Sakon Nakhon. Not Yingluck's party but CP, oh yes most of the villagers don't like that guy

Edited January 24, 2014 by MobileContent

[JoeThePoster]

Hmmm okay, how about Feb 3rd then?

[gemini81]

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.

First post I've seen today that is downright true and gets to the heart of the matter!

[Nowhereman60]

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.

First post I've seen today that is downright true and gets to the heart of the matter!

Nothing but a bunch of speculation and BS

[rubl]

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

So, if they won't obstruct the election, then it can go-ahead - along with the by-elections in the 28 southern constituencies with no current registered candidates.

Absent a "national" emergency, that's the process the constitution calls for.

There's still the part of a boycott and at least some of us remember similar elections, like on the April 2nd 2006.

BTW using your logic may I assume that the Emergency Decree will be withdrawn immediately? Can I group with four friends without having to fear the CMPO and Pol. Captain Chalerm?

[kirk0233]

So, apparently the only authority the caretaker government has is postponing elections; declaring a state of emergency out of the question according to retired judge?

[MunterHunter]

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.

First post I've seen today that is downright true and gets to the heart of the matter!

Nothing but a bunch of speculation and BS

I reckon you are in the minority with that opinion... Tatsujin is pretty much spot on...

I'm just waiting for the Govt to declare 'no postponement in the election'

[rreddin]

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 was only answering the question it was asked. This one of those legal decisions that, subject seeing the full terms of the decision, is probably legall correct even though instead of providing a solution, it exacerbates the problem. I think the CC recognised this when they suggested that the government and EC should discuss the matter.

Clearly the caretaker government is unlikely to agree to postponing the election, not least because of the expense already incurred by those parties who are contesting it and the work that has already gone into organizing the poll. Furthermore, another thread on this forum reports on a poll showing a majority intending to vote on 2nd February.

[pipkins]

Funniest item of the week.

EC don't want to hold election - it is there only function in the country and they don't want to do it.

Pass it to Constitution Court who wrote the rules in the first place. ... They don't want to rule on their own laws!!!

You could not make it up. The CC all over the place trying to stop elections, get Yingluk barred and the ball falls back in their court (where it squarly belongs) and they... Fudge.

So the EC and the CC need to be disbanded and re-staffed with people that:

A) Know something about the laws the CC passed (Not the CC then )

can try and do the right thing, as opposed to saving their own skins or just trying to get Suthep in power.... some hope.

In the meantime, a few hundred assorted thugs and muppets are locking down one or two junctions in Bangkok whilst the Army sit back fiddling a la Nero.

Another fine mess the "Educated" elites got the country into by tearing up the 1997 const. and re-writing it to more suit them selves.

[Thaddeus]

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?

I would give good odds on if the election was postponed until a date in May (180 days after that amnesty bill was shelved) a large section of the remaining protesters would be happy with that and return to normal life.

Suthep wouldn't be happy, but he would have far less support.

Would PTP be willing to settle for that though? the man in the sand wouldn't.

I guess the next few days will show how strong his support is within his own party.

[Ozymandias]

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

It would clearly be stupid to go ahead with Feb 2nd given the current climate, but then stupidity seems to be the forte of both sides in this conflict. Both Suthep & Yingluck personify the concept of he blind leading the blind.

That said, hopefully the right decision will be made: Feb moved back a few months, Democrats get on board & finally try to win the hearts and minds of the rural farmers with fair policies, the rice pledging disaster will bring people together, PTP lose votes then there is a grand coalition including moderate elements of both sides, reforms agreed & made, Thailand moves away from polarization & becomes a more stable and fairer society.

Just a dream....

[pipkins]

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

So, if they won't obstruct the election, then it can go-ahead - along with the by-elections in the 28 southern constituencies with no current registered candidates.

Absent a "national" emergency, that's the process the constitution calls for.

There's still the part of a boycott and at least some of us remember similar elections, like on the April 2nd 2006.

BTW using your logic may I assume that the Emergency Decree will be withdrawn immediately? Can I group with four friends without having to fear the CMPO and Pol. Captain Chalerm?

The Boycott is not the problem. It's the obstruction of other parties rights to contest that is the problem

The MP quotas can be fullfilled with out Abhisit... and it will functino much better without them as well.

what is need is for the parties that want to contest in the south to be allowed to.

Even easier is that the CC reveiew downwards the amount of MPs required at the first sitting. Lower that by 20 and it is problem solved.

How easy is that if you didnt' have a complicit CC in place preventing it?

[Tatsujin]

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.

First post I've seen today that is downright true and gets to the heart of the matter!

Thank you. Those are only two of the many reasons.

[Ozymandias]

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

It would clearly be stupid to go ahead with Feb 2nd given the current climate, but then stupidity seems to be the forte of both sides in this conflict. Both Suthep & Yingluck personify the concept of he blind leading the blind.

That said, hopefully the right decision will be made: Feb moved back a few months, Democrats get on board & finally try to win the hearts and minds of the rural farmers with fair policies, the rice pledging disaster will bring people together, PTP lose votes then there is a grand coalition including moderate elements of both sides, reforms agreed & made, Thailand moves away from polarization & becomes a more stable and fairer society.

Just a dream....

By the way, I have (inexplicably I think been accused of bias by Robbynz, one of the most blatantly pro-yellow anti-red posters. The above represents my position, Robbynz, don't think you can detect any there....maybe he's just as confused as he seems from his posts...

[Tatsujin]

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.

First post I've seen today that is downright true and gets to the heart of the matter!

Nothing but a bunch of speculation and BS

Does your red propaganda crib sheet not have a reasoned argument against what I "speculate"?

[Thait Spot]

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

Actually I think there was no hot potato here. If the EC had said that just one side could postpone the election the that would have been the case - and had it been the government then much more so.

I think this defuses the situation if they want.

If the 2 sides can find 3 wise men with no axe to grind and a cranium full of common sense then we could be out of the quagmire.

Sent from my Nexus 4 using Thaivisa Connect Thailand mobile app

[Tatsujin]

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

It would clearly be stupid to go ahead with Feb 2nd given the current climate, but then stupidity seems to be the forte of both sides in this conflict. Both Suthep & Yingluck personify the concept of he blind leading the blind.

That said, hopefully the right decision will be made: Feb moved back a few months, Democrats get on board & finally try to win the hearts and minds of the rural farmers with fair policies, the rice pledging disaster will bring people together, PTP lose votes then there is a grand coalition including moderate elements of both sides, reforms agreed & made, Thailand moves away from polarization & becomes a more stable and fairer society.

Just a dream....

Sounds reasonable. Sometime in May (180+ days i think after Amnesty was shelved) would be agreeable to the Dems I would think.

[whybother]

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.

The whole election is not void if there aren't enough MPs. If a constituency doesn't elect an MP, a by-election is held. I am not sure how long is allowed for a government to be formed, but I remember after the 2011 election that there was a lot of talk about 30 days after the election for Yingluck to convene parliament.

[Cricketnut]

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.

Quite well written scamper but for one item. By-elections will be held in each province to eventually make up the numbers to form government. Enter once more Yingluck with another term and again voted in by the people. Democratic? I wouldn't say that as Thailand has never in a real sense ever been a Democratic country.... ;(

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

[icommunity]

Full text not available yet. At this stage, my question are : Will all the candidates already registered be nullified and new registration dates set to enable the DEM to register? Will the DEM stick to their demand to have reform first than election? Will EC still take legal action against those who violated election laws? Will EC commissioners and officials cooperate with law enforcement agencies making registration centers and poll centers secure? Will EC commissioners and officials abandon their duties the moment they are intimidated or threatened like before?

[Cricketnut]

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.

And Somchai fills the ladies shoes, still no resolution....

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

[kurtgruen]

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

Over to you madam caretaker PM.

She will come out and say "In the interest of keeping the peace, we will postpone the elections", hoping the people will buy it again (which her red trolls will, without questioning) and it will make her look good..

Meanwhile it will change nothing. Just one more step backwards for the Government on the way down to Abyss.

[rubl]

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

So, if they won't obstruct the election, then it can go-ahead - along with the by-elections in the 28 southern constituencies with no current registered candidates.

Absent a "national" emergency, that's the process the constitution calls for.

There's still the part of a boycott and at least some of us remember similar elections, like on the April 2nd 2006.

BTW using your logic may I assume that the Emergency Decree will be withdrawn immediately? Can I group with four friends without having to fear the CMPO and Pol. Captain Chalerm?

The Boycott is not the problem. It's the obstruction of other parties rights to contest that is the problem

The MP quotas can be fullfilled with out Abhisit... and it will functino much better without them as well.

what is need is for the parties that want to contest in the south to be allowed to.

Even easier is that the CC reveiew downwards the amount of MPs required at the first sitting. Lower that by 20 and it is problem solved.

How easy is that if you didnt' have a complicit CC in place preventing it?

It's more that parties are boycotting the elections, not just k. Abhisit.

It is indeed a bit of a bother to have a CC sticking to the constitution. Any 'right-minded' democracy lover would of course have no problem with the CC 'reviewing downwards' the number of MPs required by the constitution. Just adapt and problem solved.

I guess that just shows why we need a CC in place

Edited January 24, 2014 by rubl

[airconsult]

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.

[Pikeybkk]

move the pdrc to detroit...problem solved

[rubl]

Full text not available yet. At this stage, my question are : Will all the candidates already registered be nullified and new registration dates set to enable the DEM to register? Will the DEM stick to their demand to have reform first than election? Will EC still take legal action against those who violated election laws? Will EC commissioners and officials cooperate with law enforcement agencies making registration centers and poll centers secure? Will EC commissioners and officials abandon their duties the moment they are intimidated or threatened like before?

Full verdict:

http://www.thaivisa.com/forum/topic/699136-2-february-election-can-be-postponed-constitutional-court-rules-thailand/#entry7338873

Your other questinos cannot be answered yet as the elections are still on as it is. No idea when the EC and caretaker government will sit down together and discuss a possible postponement and the 'ryal decree' which would need to be issued. These things take time, Rome wasn't build in a day and so

[soi41]

Look at it from the bright side guys!!

Thailand will not have any government in the foreseeable future!!

Not that it had any worth the name for the last couple of decades!!