SPECIAL REPORT
Long legal battle to follow poll, with damaging effect
Attayuth Bootsripoom

BANGKOK: -- The February 2 election is set to trigger a lengthy legal battle between the two rival political camps, which are ignoring the negative consequences of the country being dragged into a power vacuum.

It is quite certain that the February 2 election will be held, with the likely consequence being that voting cannot be carried out in many constituencies and provinces. No one knows when the voting in these provinces will be able to take place, or how many rounds of advance voting and absentee voting will be carried out, given that anti-government protesters are determined to block the elections.

The possibility of completing the whole process of the February 2 poll is thus inevitably thrown into doubt. This may not be surprising; some political parties have rejected it from the very start.

Legal specialists such as former Senate speaker Meechai Ruchuphan and People's Democratic Reform Committee leader Suthep Thaugsuban believe that the solution is to nullify the election - with the April 2, 2006 election serving as an example.

Meechai said the most likely reason for the February 2 election being invalidated would be that voting cannot be held on the same day in every province across the country, not because an insufficient number of voters will cast ballots.

Suthep said the PDRC protesters and the Democrats are not afraid of being deprived of their political rights for failing to vote, because they believe the poll will definitely by nullified. Once the matter is brought to the Constitutional Court and the election is nullified, he said, a new Royal Decree for a new election will be issued and the Democrats would be able to run in that election. All parties, including the government, will accept the new election because the February 2 vote is coming to a dead-end, he said.

This issue was the topic of discussion between the government and the Election Commission at their meeting on Tuesday. The government decided to proceed with the election even though it knew it would be invalidated. But if the government defers the election, it may face suits and court cases. Some legal specialists, however, doubt that failing to hold voting on the same day across the country would lead to the election's invalidation, as the law allows for voting to be postponed in areas hit by disasters or riots.

Caretaker Deputy Prime Minister Phongthep Thepkanjana is among those who dismiss failure to hold an election everywhere simultaneously as grounds to invalidate the vote. He insisted that if voting cannot be carried out or completed on the date stipulated on the Royal Decree due to certain problems, voting can be held on another day without the government having to issue a new Royal Decree. He asserted that this does not violate the Constitution.

"For instance, in constituencies where MP candidates were unable to register, the EC has to hold a new election. Or in instances when the EC red-cards candidates, it has to hold a new election [in their constituencies]. This is possible if the law is enforced in a straightforward manner," Phongthep added.

Only some people would be convinced by the court justifying the nullification of the poll on the grounds of failure to hold a vote on the same day across the country.

Why 2006 vote was nullified

In a landmark verdict, the Constitutional Court on May 8, 2006 ordered a new poll after nullifying the April 2 election.

The verdict stated:

l The Election Commission had unfairly set the election day

l The EC had violated voters' privacy because bystanders could watch them ticking their ballot papers because of the way a polling booth was positioned

The ruling was based on a petition filed by Thammasat University law lecturers. The petition raised four issues: the fairness of the April 2 election day; whether the configuration of the ballot booths met constitutional guarantees on voters' privacy; the funding of small parties; and the endorsement of balloting results without a formal review.

Prior to the ruling, the Ombudsman had also brought up for the court's consideration the issue of a major political party hiring small parties to run in the election.

The judges deemed it within their purview to address two questions: the scheduling of the election and voter confidentiality, according to the court's then secretary-general Paiboon Warahapaitoon.


-- The Nation 2014-01-31

The damaging effect seems to be not only poll related, in simple terms I see the working classes here in for a possible cliff to fall off. The protests, set to continue for many days / weeks if not months are having, it seems, a real effect on employment in the tourism sector. What is the normal response to that? If it is to go back to the farm and work the fields. But the catastrophic effect of the rice pledging scheme non payment means there is possibly no work to be had. Those in work have seen their wage rise due to the effect of a new minimum wage but this in turn has lead to inflation in basic produce, food and for those with no jobs a real problem.

So I worry there is a real spiral of effect here that may lead to major upheaval and a lot of hurt.

Article 108 of the constitution states that an election must be conducted completely on one day. The election will be nullified as a result.

Job security for lawyers.

This election is going to be a TOTAL waste of more tax payers

money,if its held,it will soon follow that the courts will find fault

with it and will be null and void.

The amount of money Thailand wastes on all the corrupt projects,

stupid ideas,all kinds of subsidizes,is frankly mind boggling,when

it could have been put to good use building schools,hospitals(without)

corruption.

regards Worgeordie

Since this will be decided in the Constitutional Court, it will go the way of PDRC, since the Constitutional Court judges are key backers of that political entity.

Not being heartless but, the Thai poor are about the richest poor in the world. They wont starve, they wont freeze they will just go home to a meagre existence for a while. the bigger problem is debt and being made landless or worse homeless.

This dosnt mean its not tragic because it is, many will slip back below the poverty line and a generation will probably lose their education through lack of funds for the childrens education. As usual they will bare the brunt of bad policy, bad leadership and a bad alternative.

It is hard to see where the silver lining is for them, they have however had the biggest uplift in the last decade of anyone and we all know that what goes up cannot continue without a dip at some point. They will get over it and come back stronger no doubt I just hope they do sooner than later.

The mobile phone companies and all the fancy shops will suffer as first...

Edited January 31, 201412 yr by Mentors

Job security for lawyers.

At this point they are going to be one of the only people who actually have any job security if the political impasse continues for months as many are forecasting.

Everyone who I talk to in every industry tells me of cancelled and postponed projects. Those who can look overseas for other opportunity's are doing so, the others who rely on the Thai domestic market are cutting workers hours and running shorter work days.

Its only a matter of time until this translates into jobs being lost by the hundreds of thousands. One way or another stability has to be restored to the kingdom, these idiots in power on both sides need to sit down and hammer out some sort of mutually acceptable truce where they can both save face (the most valuable commodity in all of Thailand apparently).

The mobile phone companies and all the fancy shops will suffer as first...

The little village shop/house is the first to close up. as Lao Kao and cigarettes -Acha-Chang-Leo-sales slump. In small villages there can be up to 2 in every street.

The village M/Cycle repair man-hand pump gasoline bye bye.

The monk at 6am will not be receiving his normal sticky rice.

The village head man will be out of favour, as the money he gets from his red shirt village will have dried up.

MORE YOUNG CHILDREN from villages will be pressured into getting MONEY from the illegal trade ( Pattaya )to help MAMA,

Just a few of the many side effects of the hardship.

The posters who were predicting a coup were wrong. The posters who said the election would not go ahead seem to have disappeared. Democracy will have the last word.

The yellow stained CC and EC have been exposed as deeply corrupted institutions. Once the dust settles on the election the first thing on the new governments agenda should be to appoint civil servants who are loyal to the people who voted, and not some fantasy that exists only inside their head.

Let's translate the whole article into the headline "Thai Power Factions Refuse to Share Power", and leave it in the rubbish heap of history.

Since this will be decided in the Constitutional Court, it will go the way of PDRC, since the Constitutional Court judges are key backers of that political entity.

This doesn't really demonstrate that clear an understanding of the status quo.

The PDRC isn't a political group - it's a reform group.

Are you suggesting that the CC is funding it?

The Legal question must be expanded and also law suit filed against the 5 members of the EC, who were the main "disrupt-ers" of the election process.

PTP or the public at large who rights to vote was violated by the EC or any other agency decisions, blocked from voting on election day or in advance voting, or the voters in the (28) or more constituencies that had no candidates should file suit against the EC.

Former EC member Prapun Naigowit stated "He did not believe Sundays elections could be nullified" explaining "The Feb. 2 election is still considered a national election under a royal decree and the four year tenure of M.P.s begins after Sunday's poll under the constitution"

He stated the EC was duty-bound to hold the elections in the 28 constituencies disrupted during advance voting on Sunday,"This is only a postponement of the elections at certain polling stations, not the postponement of the National elections on Sunday".

The April 2, 2006 election was nullified on a completely different issue. The scheduling of the election and voters confidentiality.

The present situation is much different, The constitution dictated the scheduling of the election! Voters confidentiality is not am issue.

The current issue is the voters rights were violated by the supporters of Democrat political party leading the protests and boycotting the elections, interfered with the voters constitutional right to vote and are now attempting to blame the government that had to deal with the consequences to their illegal actions!

Suthep and many of the other Terrorist will in Prison!

]Cheers

Edited January 31, 201412 yr by kikoman

The mobile phone companies and all the fancy shops will suffer as first...

The little village shop/house is the first to close up. as Lao Kao and cigarettes -Acha-Chang-Leo-sales slump. In small villages there can be up to 2 in every street.

The village M/Cycle repair man-hand pump gasoline bye bye.

The monk at 6am will not be receiving his normal sticky rice.

The village head man will be out of favour, as the money he gets from his red shirt village will have dried up.

MORE YOUNG CHILDREN from villages will be pressured into getting MONEY from the illegal trade ( Pattaya )to help MAMA,

Just a few of the many side effects of the hardship.

As recent i said to a friend of mine": count the prostitutes in an afternoon a long Sukhumvit in Bkk. If the number is rising, the economy is going downhill."

Edited January 31, 201412 yr by Mentors

Has to be a battle. It is a Judicial Coup they are now using as back up as the Army coup failed because Suthep failed to get his violence and the shut down Bangkok is just antagonising the locals these days. Suthep knows the march of the idiots is not working and they'll be run off the streets by angry locals.. Don't even need the reds to do it anymore as so many here are tiring of them.

You can't be quite democratic, nearly democratic or a good dictator ship.

you either are a democracy or you are not. 400 good men my ass. we are talking agout 400 Suthep Poodles ruling for as long as it takes to re-rill the coffers after this coup and until they can design an election system that excludes anybody that does not vote for them

All the agencies yesterday calling for a forum, left out all the poor and PT. 70 Independent agencys and not a poor person in sight.

The country has to become inclusive of the North or it will split.

Since this will be decided in the Constitutional Court, it will go the way of PDRC, since the Constitutional Court judges are key backers of that political entity.

This doesn't really demonstrate that clear an understanding of the status quo.

The PDRC isn't a political group - it's a reform group.

Are you suggesting that the CC is funding it?

Not funding it but aligned to it, and both sharing the same agenda.Hardly controversial.

Most well informed opinion across the political divide assume the electioon will be nullified by the partisan courts.

But there will be consequences:

http://online.wsj.com/news/articles/SB10001424052702303519404579352593345489758?mg=reno64-wsj&url=http%3A%2F%2Fonline.wsj.com%2Farticle%2FSB10001424052702303519404579352593345489758.html

Since this will be decided in the Constitutional Court, it will go the way of PDRC, since the Constitutional Court judges are key backers of that political entity.

This doesn't really demonstrate that clear an understanding of the status quo.

The PDRC isn't a political group - it's a reform group.

Are you suggesting that the CC is funding it?

The funding is way above the CC.

Since this will be decided in the Constitutional Court, it will go the way of PDRC, since the Constitutional Court judges are key backers of that political entity.

Do you have actual proof?

Or is it maybe that decisions go against PTP because they choose to ignore laws and rules in the belief they are above all this?

The mobile phone companies and all the fancy shops will suffer as first...

The little village shop/house is the first to close up. as Lao Kao and cigarettes -Acha-Chang-Leo-sales slump. In small villages there can be up to 2 in every street.

The village M/Cycle repair man-hand pump gasoline bye bye.

The monk at 6am will not be receiving his normal sticky rice.

The village head man will be out of favour, as the money he gets from his red shirt village will have dried up.

MORE YOUNG CHILDREN from villages will be pressured into getting MONEY from the illegal trade ( Pattaya )to help MAMA,

Just a few of the many side effects of the hardship.

You by your comments must not live in a Thai village, as Lao Kao is homemade, those that smoke roll their own, we grow our own rice and most of our fruits and vegetables, have our own chicken and eggs, raise our own meat, the numerous village monks will be getting their daily rice.

My neighbor the village head man is also a family member, more popular than ever and the whole village are related in the main dozen or so families that make up the village.

The needs for all services in the village, will continue, life in the big cities on the other hand well be greatly affected!

Cheers

Since this will be decided in the Constitutional Court, it will go the way of PDRC, since the Constitutional Court judges are key backers of that political entity.

This doesn't really demonstrate that clear an understanding of the status quo.

The PDRC isn't a political group - it's a reform group.

Are you suggesting that the CC is funding it?

Not funding it but aligned to it, and both sharing the same agenda.Hardly controversial.

Most well informed opinion across the political divide assume the electioon will be nullified by the partisan courts.

But there will be consequences:

http://online.wsj.com/news/articles/SB10001424052702303519404579352593345489758?mg=reno64-wsj&url=http%3A%2F%2Fonline.wsj.com%2Farticle%2FSB10001424052702303519404579352593345489758.html

The courts should judge according to the law. All political parties should adhere to the law,

PTP cannot keep ignoring the law, rules and procedures and then bleat that all decisions against them are politically motivated. The criminal investigations against many PTP members are because they may have broken the law. PTP really should do things legally, however much that is against their nature. Then they would not have these problems.

The mobile phone companies and all the fancy shops will suffer as first...

The little village shop/house is the first to close up. as Lao Kao and cigarettes -Acha-Chang-Leo-sales slump. In small villages there can be up to 2 in every street.

The village M/Cycle repair man-hand pump gasoline bye bye.

The monk at 6am will not be receiving his normal sticky rice.

The village head man will be out of favour, as the money he gets from his red shirt village will have dried up.

MORE YOUNG CHILDREN from villages will be pressured into getting MONEY from the illegal trade ( Pattaya )to help MAMA,

Just a few of the many side effects of the hardship.

You by your comments must not live in a Thai village, as Lao Kao is homemade, those that smoke roll their own, we grow our own rice and most of our fruits and vegetables, have our own chicken and eggs, raise our own meat, the numerous village monks will be getting their daily rice.

My neighbor the village head man is also a family member, more popular than ever and the whole village are related in the main dozen or so families that make up the village.

The needs for all services in the village, will continue, life in the big cities on the other hand well be greatly affected!

Cheers

Lived in very small villages for most of my 33 years here, cut rice and sugar cane to help the poor, so do not give me the B/S -you thinking you are the only farrang around rural ares.

White whisky--local is not the most consumed--Nong Khai local whisky is the one-(killer ) favourite, at 90 baht per bottle.

I sold tobacco in my village shop, 5 baht pkt, but sold Krung Thip -Falling Rain better seller.

The poor little village member has a very old worm riddled home, on stilts with the odd buffalo a few chickens running free style on a land plot about 30 x 30 meters. maybe 3 dogs walking around near the home scratching for tip bits.

You grow your own rice--veg--fruit--chicken/eggs AND raise your own meat ?? you are not the norm in a village---you are wealthy.

Most small villagers grow rice for their need with a little more to sell for pocket money. for extras they get extra money by helping the bigger farmer to harvest His rice-cane.

Your village sounds more prosperous than most.

Try your down trodden Udon village-who are scraping the barrel waiting for government payment.

You see it isn't all rosy in the garden, so go to other areas than your own and you can see vast differences.

Since this will be decided in the Constitutional Court, it will go the way of PDRC, since the Constitutional Court judges are key backers of that political entity.

This doesn't really demonstrate that clear an understanding of the status quo.

The PDRC isn't a political group - it's a reform group.

Are you suggesting that the CC is funding it?

Not funding it but aligned to it, and both sharing the same agenda.Hardly controversial.

Most well informed opinion across the political divide assume the electioon will be nullified by the partisan courts.

But there will be consequences:

http://online.wsj.com/news/articles/SB10001424052702303519404579352593345489758?mg=reno64-wsj&url=http%3A%2F%2Fonline.wsj.com%2Farticle%2FSB10001424052702303519404579352593345489758.html

The courts should judge according to the law. All political parties should adhere to the law,

PTP cannot keep ignoring the law, rules and procedures and then bleat that all decisions against them are politically motivated. The criminal investigations against many PTP members are because they may have broken the law. PTP really should do things legally, however much that is against their nature. Then they would not have these problems.

But the courts,packed with partisan officers, do not always judge according to the law.So your argument is nullified.

Sent from my iPhone using Thaivisa Connect Thailand

Edited January 31, 201412 yr by jayboy

It is all to be expected and only a matter of time impatience steps in and we have violence.

Controling a nation means direct access to its coffers. In Thailand, it also means controling the corruption aspects of the nation, do you really have two massive revenue streams that are worth fightong and dying over.

There are levels of corruption so arcane yet so lucerative, many if not all of us are unaware despite how are eyes are open and how we share information.

If Somalia and much of Africa is worth a fight, you can expect one in Thailsnd sure.

Time to get out, no crying when things get rough. This situation will take years to resolve, it is already decades in the making. The present clusterf**k is no less than 15 yrs old. So if you have a condo, house or a car or whatever - no crying. It's about to get real.

Job security for lawyers.

At this point they are going to be one of the only people who actually have any job security if the political impasse continues for months as many are forecasting.

Everyone who I talk to in every industry tells me of cancelled and postponed projects. Those who can look overseas for other opportunity's are doing so, the others who rely on the Thai domestic market are cutting workers hours and running shorter work days.

Its only a matter of time until this translates into jobs being lost by the hundreds of thousands. One way or another stability has to be restored to the kingdom, these idiots in power on both sides need to sit down and hammer out some sort of mutually acceptable truce where they can both save face (the most valuable commodity in all of Thailand apparently).

The main obstacle here is that they say both side want reform, but the government wants to control the reform procedures, and that is not acceptable to the PDRC who say that a council of 'non-politicians' is required to oversee the reforms. But the power crazy PTP baulk at the idea of not having the ability to push through reforms that benefit themselves, their interests and their god in Dubai.

It is not about losing face, because in Thai politics, it is not about face, it is about image, power and control. Face is the last thing on their minds when billions of baht are up for grabs.

Since this will be decided in the Constitutional Court, it will go the way of PDRC, since the Constitutional Court judges are key backers of that political entity.

This doesn't really demonstrate that clear an understanding of the status quo.

The PDRC isn't a political group - it's a reform group.

Are you suggesting that the CC is funding it?

Not funding it but aligned to it, and both sharing the same agenda.Hardly controversial.

Most well informed opinion across the political divide assume the electioon will be nullified by the partisan courts.

But there will be consequences:

http://online.wsj.com/news/articles/SB10001424052702303519404579352593345489758?mg=reno64-wsj&url=http%3A%2F%2Fonline.wsj.com%2Farticle%2FSB10001424052702303519404579352593345489758.html

Same agenda?

Or same beliefs - ie. a wish to ensure that governments breaking the rules are punished?

I'm not sure that you can truly quantify your second statement - it's no more than licking your finger and pointing it in the air.

Every action has an equal and opposite reaction. I'm not sure that PTP can rely on rice farmers and their families now and equally affected will be labourers. There are around 2 million rice farmers in Thailand

So let me get the logic here. A party can opt out of participating in an election and have its allies prevent voters from also participating as they wish, then it can turn around and claim the results are meaningless and try to nullify the outcome?

Sent from my iPad using Thaivisa Connect Thailand

The mobile phone companies and all the fancy shops will suffer as first...

The little village shop/house is the first to close up. as Lao Kao and cigarettes -Acha-Chang-Leo-sales slump. In small villages there can be up to 2 in every street.

The village M/Cycle repair man-hand pump gasoline bye bye.

The monk at 6am will not be receiving his normal sticky rice.

The village head man will be out of favour, as the money he gets from his red shirt village will have dried up.

MORE YOUNG CHILDREN from villages will be pressured into getting MONEY from the illegal trade ( Pattaya )to help MAMA,

Just a few of the many side effects of the hardship.

You by your comments must not live in a Thai village, as Lao Kao is homemade, those that smoke roll their own, we grow our own rice and most of our fruits and vegetables, have our own chicken and eggs, raise our own meat, the numerous village monks will be getting their daily rice.

My neighbor the village head man is also a family member, more popular than ever and the whole village are related in the main dozen or so families that make up the village.

The needs for all services in the village, will continue, life in the big cities on the other hand well be greatly affected!

Cheers

That is probably the only comment you have made that I agree with you on.

Englishoak

" Not being heartless but, the Thai poor are about the richest poor in the world. They wont starve, they wont freeze they will just go home to a meagre

existence for a while. the bigger problem is debt and being made landless or worse homeless. "

I have been living in rural Isaan for ten years . My wife's family are all farmers and some have borrowed money for planting or other agricultural needs .

From talking to my wife , I am of the impression that repayment of agricultural loans isn't furiously sought as in western countries , so I doubt the

farmers will lose land or their house , unless they had a mortgage to puchase them . In the circumstances of the government buying and not paying for their rice , there would certainly be extenuating circumstances and a collective legal case against the government . I have persuaded my family to diversify , t present only sugar cane , but it pays a lot better than the sticky rice they grew before . The worry is that a country that has formerly been the No.1

rice producer , may no longer grow rice to the previous extent .

The mobile phone companies and all the fancy shops will suffer as first...

The little village shop/house is the first to close up. as Lao Kao and cigarettes -Acha-Chang-Leo-sales slump. In small villages there can be up to 2 in every street.

The village M/Cycle repair man-hand pump gasoline bye bye.

The monk at 6am will not be receiving his normal sticky rice.

The village head man will be out of favour, as the money he gets from his red shirt village will have dried up.

MORE YOUNG CHILDREN from villages will be pressured into getting MONEY from the illegal trade ( Pattaya )to help MAMA,

Just a few of the many side effects of the hardship.

You by your comments must not live in a Thai village, as Lao Kao is homemade, those that smoke roll their own, we grow our own rice and most of our fruits and vegetables, have our own chicken and eggs, raise our own meat, the numerous village monks will be getting their daily rice.

My neighbor the village head man is also a family member, more popular than ever and the whole village are related in the main dozen or so families that make up the village.

The needs for all services in the village, will continue, life in the big cities on the other hand well be greatly affected!

Cheers

That is probably the only comment you have made that I agree with you on.

Did you not look at my ( #22 ) reply ??? or do you take the above post as the norm ??