Thai govt's legal woes intensify

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POLITICS
Govt's legal woes intensify
The Nation


A protester at the Lat Phrao rally site of the anti-government People

Democrats' court petition follows NACC, EC probes against Yingluck

BANGKOK: -- The opposition Democrat Party will today bring to the Constitutional Court the first legal case against the government regarding Sunday's election.

This will be the latest in a host of problems facing the government of caretaker Prime Minister Yingluck Shinawatra. The PM is being investigated by the Election Commission (EC) for alleged abuse of authority in recent poll campaigning, and by the National Anti-Corruption Commission for alleged dereliction of duty involving the rice-pledging scheme.

EC member Boonsong Noiso-pon said yesterday the agency was looking into accusations that the prime minister abused her power by having many senior public officials join her recent provincial trips in the run-up to the election.

He said the EC was also investigating a complaint against the PM and Cabinet members accusing them of issuing the amnesty bill unlawfully. The case would be referred to Parliament to decide whether it should be filed with the charter court for impeachment.

Democrat leader Abhisit Vejjajiva said the party would today lodge a petition with the Constitu-tional Court against the government for holding the poll unconstitutionally. The government violated Article 68, he said. This article prohibits people from exercising a right with the aim of overthrowing the democratic system, or of acquiring power to rule the country by any means not in accordance with the Constitution.

Abhisit said there were many legal problems with the election and Yingluck had decided to go ahead with it, though she was warned by the EC of the problems.

The Democrat Party would also ask the anti-graft body to file criminal charges against Yingluck and Cabinet members, Abhisit said.

Democrat Party legal expert Wiratana Kalayasiri said they would ask the Constitutional Court to order the dissolution of Pheu Thai Party, disqualify its executives and ban 18 Cabinet members who are Pheu Thai MP candidates.

Sunday's election saw a very low voter turnout in many provinces, with the number of eligible voters who cast their ballots declining from the previous poll of 2011.

In just 34 provinces - less than half of all 77 provinces and most of them in the North and Northeast - the turnout was 50 per cent or over. Nationwide the turnout was 45.8 per cent, compared to 75 per cent in 2011. Bangkok had a turnout of only 26 per cent, compared to 71.6 per cent in the previous poll, according to EC figures.

Other provinces with unusually low turnout included Prachuap Khiri Khan (14 per cent), Samut Songkhram (24), Kanchanaburi (25), Rayong (26), and Chon Buri (28). Nakhon Si Thammarat in the South had a turnout of only 0.1 per cent, as voting could be held only in a fraction of polling stations.

Yingluck wants new voting to be held in constituencies and provinces where the election was disrupted on Sunday, a source said. The goal was to meet the minimum number of seats in the House required to elect a new premier and function as soon as possible.

Separately, the other election commissioners yesterday turned down Somchai Srisuthiyakorn's offer to step down from his position in charge of holding elections. Somchai said he would comply with the EC's resolution and continue performing his duty.


-- The Nation 2014-02-04

[angsta]

The Nation continues to sink to a new low.

[Dr Bruce]

Democrat leader Abhisit Vejjajiva said the party would today lodge a petition with the Constitu-tional Court against the government for holding the poll unconstitutionally. The government violated Article 68, he said. This article prohibits people from exercising a right with the aim of overthrowing the democratic system, or of acquiring power to rule the country by any means not in accordance with the Constitution.

<deleted>!

[Thait Spot]

The Nation continues to sink to a new low.

Explain, don't hyperbolise.

Sent from my Nexus 4 using Thaivisa Connect Thailand mobile app

[uty6543]

The Nation continues to sink to a new low.

I like this story from the Nation. Perhaps you just don't like what the outcome of story will be.

[englishoak]

Here we go with the attempt at de-legitimizing the whole thing and playing with the interpretation of the democratic system and its constitution.. Not surprising in the slightest this is what Mark and co were always going to do and has been expected by many...

[smutcakes]

Democrat leader Abhisit Vejjajiva said the party would today lodge a petition with the Constitu-tional Court against the government for holding the poll unconstitutionally. The government violated Article 68, he said. This article prohibits people from exercising a right with the aim of overthrowing the democratic system, or of acquiring power to rule the country by any means not in accordance with the Constitution.

<deleted>!

That is some brass neck from Abhisit there!

[Confuscious]

Typo error....

Corrected version below ...

Suthep and the Democrats violated Article 68, he said.

"This article prohibits people from exercising a right with the aim of overthrowing the democratic system, or of acquiring power to rule the country by any means not in accordance with the Constitution."

[noikrit]

THe SHIN PTP Goverment will ALWAYS have Legal Problems Because they aways think they are ABOVE The Law ....

[focus27]

To those who refused to see it coming... here's a judicial coup!

However, Article 68 should really be used against the inappropriately named Democrats. If PTP don't counter-attack, they will be bundled out of office.

Many may not grieve to see the back of this gaggle of incompetents, but if the proposed 'reformation' goes through how long will it be before Thais see a democratically elected government again? The Suthepistas are essentially proposing a return to 1932 when the People's Party installed a limited form of democracy so that the rich and powerful could elect a Senate. Universal suffrage followed fairly quickly - perhaps too quickly for some people.

[Emptyset]

Democrat leader Abhisit Vejjajiva said the party would today lodge a petition with the Constitu-tional Court against the government for holding the poll unconstitutionally. The government violated Article 68, he said. This article prohibits people from exercising a right with the aim of overthrowing the democratic system, or of acquiring power to rule the country by any means not in accordance with the Constitution.

That sounds an awful lot like what Suthep is doing (with Abhisit playing a supporting role). Of course, it's up to the EC to hold the election according to the constitution. It would've actually been unconstitutional to delay it - but that makes no difference to the Democrats and the 'independent agencies'. The CC said the election *could* be delayed if the govt and EC agreed, yet they did not cite the constitution in making their decision, but rather a precedent (which isn't actually a precedent) from 2006.

Abhisit knows this, of course, but for all his talk about the rule of law, he's actually just another entirely cynical politician who's willing to do whatever it takes. No different to Thaksin and Suthep really. A shame because a few years ago I actually believed he was relatively honest and high minded. It's just ironic that those who continually accuse the govt of violating the constitution have such clear disregard for what it actually says.

[JRSoul]

Amazing how so many people can leap to a decision based on the quoted section of the Constitution without hearing the legal argument. If the case has no merit it will be thrown out.

Much like the PTP government.

[MaxLee]

"The PM is being investigated by the Election Commission (EC) for alleged abuse of authority in recent poll campaigning, and by the National Anti-Corruption Commission for alleged dereliction of duty involving the rice-pledging scheme.

EC member Boonsong Noiso-pon said yesterday the agency was looking into accusations that the prime minister abused her power by having many senior public officials join her recent provincial trips in the run-up to the election.

He said the EC was also investigating a complaint against the PM and Cabinet members accusing them of issuing the amnesty bill unlawfully. The case would be referred to Parliament to decide whether it should be filed with the charter court for impeachment."

Like HELL, as IF you would,.... You bunch of pathetic cowards in the Election committee. The elections are over and you made a fool of yourselves by letting it come so far,...

A nice headliner for the international press, no actions, just empty threats. Ooooohhh, Thaksin is gonna quiver in fear now...

[smutcakes]

Amazing how so many people can leap to a decision based on the quoted section of the Constitution without hearing the legal argument. If the case has no merit it will be thrown out.

Much like the PTP government.

Yes, because you are well known on TVF for logical, reason and well thought out debate! and never ever jumping to a conclusion!

[waza]

While the protestors hound her from office, she gets a lesson in democracy, the rule of law and crime and punishment, but remains stoic. That's gotta be worth another order of the elephant for Poo the darling of Issan.

[ramrod711]

alleged dereliction of duty involving the rice-pledging scheme.

The Democrat Party would also ask the anti-graft body to file criminal charges against Yingluck and Cabinet members, Abhisit said.

The second alternative seems more suitable, dereliction sound sort of like it might not be deliberate, while criminal charges like ther was intent to defraud. Strange how there was only enough money to pay most of the farmers in one area, just a coincidence Yingluck will claim before going to jail.

[icommunity]

I foresee great violence if election cannot solve problems and allowed to be blocked and considered as unconstitutional. This is my opinion and anyone can disagree. I will not reply any rebuttal unless you come up with a suggestion of a solution.

Reform before election is not a suggestion since 50 parties wanted reform to run parallel with election. Demanding PM YS to step down is also not a solution because it violate law related to Royal Decree.

Edited February 4, 2014 by icommunity

[djjamie]

If Thaksin became the leader of the DEMS then the DEMS would be dissolved within 4 years too. He is a criminal leader. It is to be expected. He abused his power and was corrupt. You cannot expect the govt he runs now to be any different.

[Prbkk]

This mob needs to regroup, rethink, renew, and come up with better ideas. Their reliance on the courts will get them nowhere. They need to work with what they have and make themselves relevant to the voters. That should have been their focus in the first place after the defeat of the amnesty bill. They made a huge mistake by threatening, intimidating, cajoling, attacking. Poor strategies, rejected by the people. Now Thailand needs a strong opposition but not street marches and endless court cases

[icommunity]

A voter, candidate or political party having candidate or candidates standing for an election in a constituency shall have the right to petition the Election Commission for the reason that the election is such constituency has not been fair or legal as follow; ......

http://www2.ect.go.th/about.php?Province=election&SiteMenuID=7994

The DEM lose the right to complain to EC.

If election is declared as unconstitutional because it violated section 68 by CC, then anything or event or action can also be considered as in violation of 68. The judges could be guilty of violating the constitutional rights of the people to vote, using political argument rather than legal and evidence, abused power and conflict of interest.

[spirit47]

To those who refused to see it coming... here's a judicial coup!

However, Article 68 should really be used against the inappropriately named Democrats. If PTP don't counter-attack, they will be bundled out of office.

Many may not grieve to see the back of this gaggle of incompetents, but if the proposed 'reformation' goes through how long will it be before Thais see a democratically elected government again? The Suthepistas are essentially proposing a return to 1932 when the People's Party installed a limited form of democracy so that the rich and powerful could elect a Senate. Universal suffrage followed fairly quickly - perhaps too quickly for some people.

Yes and no, its more a political suicide...If PTP think they can break the rules like they want, they dont understand democracy and loose legitimacy...The current constitiution was set by military and politicans, its a good idea, that all people take part in an overhaul. Its not against democracy to make a restart, and politicans you cant trust. Simply, people want a fair and honest Government. Good luck...

[tezzainoz]

Here we go with the attempt at de-legitimizing the whole thing and playing with the interpretation of the democratic system and its constitution.. Not surprising in the slightest this is what Mark and co were always going to do and has been expected by many...

Everyone with any brain cells knew from the start this was just 1 bif chess game

The dems sacrificed so many Paws to bring Yingluck out into the open

In the past she has always choses to hide behind her ministers

Give her enough rope and she will hang her self

Now its the courts turn to decide if what she had done is legal or not

Yingluck has played all her cards

The final check mate is in the hands of the courts

I was always meant to be this way

[tezzainoz]

Democrat leader Abhisit Vejjajiva said the party would today lodge a petition with the Constitu-tional Court against the government for holding the poll unconstitutionally. The government violated Article 68, he said. This article prohibits people from exercising a right with the aim of overthrowing the democratic system, or of acquiring power to rule the country by any means not in accordance with the Constitution.

That sounds an awful lot like what Suthep is doing (with Abhisit playing a supporting role). Of course, it's up to the EC to hold the election according to the constitution. It would've actually been unconstitutional to delay it - but that makes no difference to the Democrats and the 'independent agencies'. The CC said the election *could* be delayed if the govt and EC agreed, yet they did not cite the constitution in making their decision, but rather a precedent (which isn't actually a precedent) from 2006.

Abhisit knows this, of course, but for all his talk about the rule of law, he's actually just another entirely cynical politician who's willing to do whatever it takes. No different to Thaksin and Suthep really. A shame because a few years ago I actually believed he was relatively honest and high minded. It's just ironic that those who continually accuse the govt of violating the constitution have such clear disregard for what it actually says.

Are you serious thinking this is all about Suthep being the head man and Abhisit is only playing a supporting role

You have no idea do you

Suthep is just playing a small role in a much larger chess game

The real players a behind in the shadows

[noitom]

This whole constitutional court thing and EC and Thais suing each other and bringing charges here and there. Applying law when and if it suits is all visible hypocrisy. It's all a sham. The people of Thailand voted for the existing government twice already and PTP has proven that they are supported by the people of Thailand. That's a fact.

[ginjag]

Here we go with the attempt at de-legitimizing the whole thing and playing with the interpretation of the democratic system and its constitution.. Not surprising in the slightest this is what Mark and co were always going to do and has been expected by many...

Please don't put all the emphasis on Abhisit, put your weight on the real offenders. Many of these minority posters do forget that with their comments, seems an IN thing to do.

[icommunity]

If Thaksin became the leader of the DEMS then the DEMS would be dissolved within 4 years too. He is a criminal leader. It is to be expected. He abused his power and was corrupt. You cannot expect the govt he runs now to be any different.

If Thaksin is a leader of dem, he would be supported by the courts, independence agencies, military and the darling of the 'old elites'. Unfortunately, he was the leader of the people who elected him for fulfilling all election promises.

When you used an illegal means such as coup to get a person convicted, the judges of the courts, independence agencies lost all credibility, legitimacy, transparency, efficacy. This is what we are facing now. Who do you think you are - a result of coup.

Send from my Mobile

[ginjag]

This mob needs to regroup, rethink, renew, and come up with better ideas. Their reliance on the courts will get them nowhere. They need to work with what they have and make themselves relevant to the voters. That should have been their focus in the first place after the defeat of the amnesty bill. They made a huge mistake by threatening, intimidating, cajoling, attacking. Poor strategies, rejected by the people. Now Thailand needs a strong opposition but not street marches and endless court cases

Your mob will have to face the real test when the courts come into play, pity you cannot give the real issues air time instead of just Bla Bla Bla about Suthep and the Dems.

[Thait Spot]

This mob needs to regroup, rethink, renew, and come up with better ideas. Their reliance on the courts will get them nowhere. They need to work with what they have and make themselves relevant to the voters. That should have been their focus in the first place after the defeat of the amnesty bill. They made a huge mistake by threatening, intimidating, cajoling, attacking. Poor strategies, rejected by the people. Now Thailand needs a strong opposition but not street marches and endless court cases

When the PTP government decides too back itself in impeachment and censure debate, the whole process falls down.

None of them had the balls to admit cheating - they backed themselves. That is why we are here, because the rules in the house don't work if you have dishonest and unscrupulous people there.

The fall-back is the courts - that is why the Dems are resorting to them.

That is why Suthep and his merry millions are seeking reform.

Those who just accept cheating as the status quo should be down right ashamed of themselves. They are a disgrace.

[Suriya4]

Democrat leader Abhisit Vejjajiva said the party would today lodge a petition with the Constitu-tional Court against the government for holding the poll unconstitutionally. The government violated Article 68, he said. This article prohibits people from exercising a right with the aim of overthrowing the democratic system, or of acquiring power to rule the country by any means not in accordance with the Constitution.

That sounds an awful lot like what Suthep is doing (with Abhisit playing a supporting role). Of course, it's up to the EC to hold the election according to the constitution. It would've actually been unconstitutional to delay it - but that makes no difference to the Democrats and the 'independent agencies'. The CC said the election *could* be delayed if the govt and EC agreed, yet they did not cite the constitution in making their decision, but rather a precedent (which isn't actually a precedent) from 2006.

Abhisit knows this, of course, but for all his talk about the rule of law, he's actually just another entirely cynical politician who's willing to do whatever it takes. No different to Thaksin and Suthep really. A shame because a few years ago I actually believed he was relatively honest and high minded. It's just ironic that those who continually accuse the govt of violating the constitution have such clear disregard for what it actually says.

Are you serious thinking this is all about Suthep being the head man and Abhisit is only playing a supporting role

You have no idea do you

Suthep is just playing a small role in a much larger chess game

The real players a behind in the shadows

It is unfortunate that see cannot discuss about shadows.

[HappyinNE]

With the Democrat Party deciding that they did not want to be a part of the election, how can they have standing to sue about the election that they washed their hands of.

They might consider as one of the reforms that a political party that refuses to participate in an election is no longer a political party.