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EC pins hopes on meeting with govt
Chanikarn Phumhiran
The Sunday Nation

BANGKOK: -- Election Commission chairman Supachai Somcharoen expressed confidence that the meeting between the EC and the government as well as academics tomorrow would create the circumstances to solve problems related to the election.

He said that though he would not be joining, he had assigned EC member Somchai Srisuthiyakorn, who is in charge of the election, to attend the meeting. Supachai said the meeting would at least let the government learn about the problems related to the election.

"Each party thinking on its own and dialogue through the media won't help. This meeting should promote better understanding of the problem," he said.

He said the EC had done its best and had no intention to hinder the election. The EC members were not pressured by Pheu Thai Party and MP candidates who had filed a malfeasance case against them.

Supachai said the EC was still waiting for the government's reply to its proposal that caretaker PM Yingluck Shinawatra submit for endorsement a new Royal Decree on the election so that elections could be held in 28 constituencies in eight provinces in the South where there were no candidates. He said caretaker Deputy Prime Minister Phongthep Thepkanjana might send the reply on Tuesday. The EC had to see the answer before deciding on its next course of action.

Caretaker Deputy Prime Minister and Foreign Minister Surapong Tovichakchaikul yesterday expressed dissatisfaction, saying that Somchai talked too much about the problems related to the election. Doing so might cause foreign countries to misunderstand the situation and lose confidence.

The result of the February 2 general election could not be announced as voting in some polling stations could not take place on the day as well as the advance voting day on January 26 due to the protests by the anti-government People's Democratic Reform Committee. Meanwhile, tno MP candidate applying in 28 constituencies in eight provinces in the South.

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-- The Nation 2014-02-16

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EC pins hopes on meeting with govt

Chanikarn Phumhiran

The Sunday Nation

BANGKOK: -- Election Commission chairman Supachai Somcharoen expressed confidence that the meeting between the EC and the government as well as academics tomorrow would create the circumstances to solve problems related to the election.

clap2.gifclap2.gifcheesy.gifcheesy.gifcheesy.gif ."We still do it our way, we do it Pheu Thai way, we do it Thaksin's, we won't listen to anyone,... thank you, have a nice day, you cowards...wai2.gifwai2.gifwai2.gif

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I think it is time to stop involving the academics and start involving some smart practical people.

Academics live in a bubble, an ivory tower. It is easy for them to critique from afar. They have NO CLUE how people operate and make decisions as if people are widgets.

Academics provide frameworks, but they should NOT be involved in the discussions. They will just be lost, make people angry with their disconnect with reality and screw things up.

NO MORE ACADEMICS! Go back to school and do your job!!!!

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Looks like, from what I read that the caretaker govt is going into this meeting mob handed.

The policy will no doubt to tell the EC what they want regardless of the election law with no intention whatsoever to listen.

Khun Supachai sounds hopeful but for sure he knows by now what to expect.

A major miracle the EC have stuck with it so long amid all the threats and intimidation.

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Pheu Thai to meet EC to discuss voting issues

BANGKOK, 16 February 2014 (NNT) – The Pheu Thai Party has finally agreed to meet with the Election Commission (EC) on February 17th in order to discuss election problems and seek solutions to the current political divide.

The Election Commission and the Pheu Thai Party will attempt to pull Thailand through the ongoing political stalemate. Nine Pheu Thai Party leaders are to take part in the upcoming meeting with the EC. According to Election Commissioner Somchai Srisuthiyakorn, the talk will be mainly focused on voting issues.

He added that political science and legal principles would be combined in order to find an end to the conflict and if the talk failed, the election process would unlikely be finished.

The EC has yet to announce the election results as it is considering whether or not it should request that the government issue a new decree to reschedule the polling in the 28 constituencies in the South that were without candidates as a result of the disruption by anti-government protesters.

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-- NNT 2014-02-16 footer_n.gif

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EC to hold forum to resolve election conflicts

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BANGKOK: -- The Election Commission expects that a forum to be held Monday will help resolve conflict between the commission and the government about the election and hopefully will lead to improvement of the situation, said EC chairman Supachai Somcharoen on Saturday.

The forum will be held at the Novotel hotel in Chaengwattana and it will be attended by all provincial election officials and provincial election directors. The Pheu Thai party has also been invited to attend.

Supachai said that election officials and directors particularly from southern provinces would explain the problems they had encountered so that there would be discussions to resolve such problems.

The EC chairman noted that voicing their opinions through the media by both the government side and the EC would not help resolve the problems.

Meanwhile, election commissioner in charge of electoral affairs Somchai Srisuthiyakorn dismissed former Pheu Thai MP Piraphan Palusuk’s threat to file lawsuits against the EC if the February 2 election is nullified and his suggestion that issuing a new Royal decree to announce election re-run was not possible as uncreative.

He said both the EC and the government and the Pheu Thai party should sit down for talks rather than speaking through the media.

Source: http://englishnews.thaipbs.or.th/ec-hold-forum-resolve-election-conflicts/?utm_source=rss&utm_medium=rss&utm_campaign=ec-hold-forum-resolve-election-conflicts

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-- Thai PBS 2014-02-16

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Election Commission knows who won seats already but won't say:

The Election Commission said election officials would count ballots and tally the results at each polling station following Sunday’s poll. Those results would then be aggregated at district offices across the country, but may not be announced individually until all the votes are in and counted.

So they know the results of seats already, but won't say.

This is a violation of the constitution:

Section 236. The Election Commission shall have the following powers and duties:

(7) to announce the result of an election and the voting in a referendum;

They have a duty to announce the result and no basis for withholding it.

For the House of Representaives to sit 475 seats = 95% of seats need to be voted on. However the election commission intends to withhold the result until 500 seats are filled:

The Election Commission said on Tuesday that it would have to continue organizing by-elections in problematic constituencies until all 500 members of the Parliament’s lower house are selected, which could take between three to four months

So 475 seats may be filled, yet the Election Commission would conceal thus preventing a government from standing?

Edited by BlueNoseCodger
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EC is lying, it is a violation of the Constitution to dissolve the house twice, and it is completely unnecessary:

Section 108. The King has the prerogative to dissolve the House of Representatives for a new election of members of the House.

The dissolution of the House of Representatives shall be made in the form of a Royal Decree in which the day for a new general election must be fixed for not less than forty-five days but not more than sixty days as from the day the House of Representatives has been dissolved and such election day must be the same throughout the Kingdom.

The dissolution of the House of Representatives may be made only once under the same circumstance.

It is illegal for the EC to demand a second decree under secton 108 just to register candidates. Section 108 makes it illegal!

Section 236 requires they run fresh elections where a poll has not proceeded in and honest and fair manner.

Section 236. The Election Commission shall have the following powers and duties:

(6) to order a new election or a new voting at a referendum to be held in any or all polling stations when there occurs convincing evidence that the election or the voting at a referendum in that or those polling stations has not proceeded in an honest and fair manner;

There is no requirement in the minor detail of running a referendum that requires a violation of section 108 of the Constitution.

Further EC, briefed 54 Ambassadors saying the election might not be completed. EC has a duty under 236. If they believe that, then they are in breach of their duty under 236 and need to resign and be replaced with competent offices.

It's just an election, those stations were blocked by just a handful of people, and yet EC refused help from the army and police to clear those protestors.

You are contradicting yourself.

"and such election day must be the same throughout the Kingdom."

"has not proceeded in an honest and fair manner;" does not apply to not hold voting....there was no voting and no candidates in many places....

But the election day must be the same throughout the Kingdom....So the complete election is wrong.

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EC is lying, it is a violation of the Constitution to dissolve the house twice, and it is completely unnecessary:

Section 108. The King has the prerogative to dissolve the House of Representatives for a new election of members of the House.

The dissolution of the House of Representatives shall be made in the form of a Royal Decree in which the day for a new general election must be fixed for not less than forty-five days but not more than sixty days as from the day the House of Representatives has been dissolved and such election day must be the same throughout the Kingdom.

The dissolution of the House of Representatives may be made only once under the same circumstance.

It is illegal for the EC to demand a second decree under secton 108 just to register candidates. Section 108 makes it illegal!

Section 236 requires they run fresh elections where a poll has not proceeded in and honest and fair manner.

Section 236. The Election Commission shall have the following powers and duties:

(6) to order a new election or a new voting at a referendum to be held in any or all polling stations when there occurs convincing evidence that the election or the voting at a referendum in that or those polling stations has not proceeded in an honest and fair manner;

There is no requirement in the minor detail of running a referendum that requires a violation of section 108 of the Constitution.

Further EC, briefed 54 Ambassadors saying the election might not be completed. EC has a duty under 236. If they believe that, then they are in breach of their duty under 236 and need to resign and be replaced with competent offices.

It's just an election, those stations were blocked by just a handful of people, and yet EC refused help from the army and police to clear those protestors.

You are contradicting yourself.

"and such election day must be the same throughout the Kingdom."

"has not proceeded in an honest and fair manner;" does not apply to not hold voting....there was no voting and no candidates in many places....

But the election day must be the same throughout the Kingdom....So the complete election is wrong.

"And such election day must be the same throughout the Kingdom."

It was held on the same day throughout the Kingdom - are you saying just because some people were blocked from voting at some venues (a minority of venues) that it isn't valid?

What about fire, flood, traffic accidents? With more than 91,000 voting venues throughout Thailand I doubt there has ever been a situation where all of them were open and unblocked on the same day.

Your argument seems to be based on wishful thinking of the democrats.

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Election Commission knows who won seats already but won't say:

The Election Commission said election officials would count ballots and tally the results at each polling station following Sunday’s poll. Those results would then be aggregated at district offices across the country, but may not be announced individually until all the votes are in and counted.

So they know the results of seats already, but won't say.

This is a violation of the constitution:

Section 236. The Election Commission shall have the following powers and duties:

(7) to announce the result of an election and the voting in a referendum;

They have a duty to announce the result and no basis for withholding it.

For the House of Representaives to sit 475 seats = 95% of seats need to be voted on. However the election commission intends to withhold the result until 500 seats are filled:

The Election Commission said on Tuesday that it would have to continue organizing by-elections in problematic constituencies until all 500 members of the Parliament’s lower house are selected, which could take between three to four months

So 475 seats may be filled, yet the Election Commission would conceal thus preventing a government from standing?

It is not so difficult to tell, with PTP, their crony parties and Chuvit the only options and extreme low voter turn out.

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EC is stalling, as I recall if government duties are resumed there is no legal recourse against MP when the house is in session, might delay the 'plan' for a while!

stalling cast your petite brain to last week when the ec asked the government to issue a royal decree about the remaining areas,no response was the silent answer they got...amazing as yingy insisted on feb 2 not resolved and not a word from them until today...not to much in a rush now are they...thumbsup.gif

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EC is stalling, as I recall if government duties are resumed there is no legal recourse against MP when the house is in session, might delay the 'plan' for a while!

stalling cast your petite brain to last week when the ec asked the government to issue a royal decree about the remaining areas,no response was the silent answer they got...amazing as yingy insisted on feb 2 not resolved and not a word from them until today...not to much in a rush now are they...thumbsup.gif

Should I be angered and hurt by your 'little' insult smile.png

You may have failed to notice that there is some concern over the legality regarding the issuance/request of a second royal decree....PTP need to be sure the constitution is not at odds with the EC request

Implausible of course, an independent body would not attempt to lead the current government down a path to possible dissolution........

Edited by 473geo
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"Each party thinking on its own and dialogue through the media won't help.

Seems that didn't get through to Khun Nitirat.

RT@Biz_TheNation: As EC to meet govt tomorrow, #Nitirat suggests #elections be hosted in March. If results unsatisfactory, new decree can be issued.

RT@Biz_TheNation: New decree can't be issued now, as current one is effective. Or, Feb 2 #elections will be nullified. #Nitirat

Before any discussions start a new threat is issued against the EC.

RT@Biz_TheNation: If EC insists on getting new #election decree and Feb 2 result is nullified, EC could face lawsuits under Criminal Code (157)

A clear message that the caretaker govt wont listen to anything the EC has to say and a really great way to promote co-operation and understanding and find a meaningful joint solution to the problem.

Always amusing to see how the reds on here know more about election law than the EC, or think they do.

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EC is lying, it is a violation of the Constitution to dissolve the house twice, and it is completely unnecessary:

Section 108. The King has the prerogative to dissolve the House of Representatives for a new election of members of the House.

The dissolution of the House of Representatives shall be made in the form of a Royal Decree in which the day for a new general election must be fixed for not less than forty-five days but not more than sixty days as from the day the House of Representatives has been dissolved and such election day must be the same throughout the Kingdom.

The dissolution of the House of Representatives may be made only once under the same circumstance.

It is illegal for the EC to demand a second decree under secton 108 just to register candidates. Section 108 makes it illegal!

Section 236 requires they run fresh elections where a poll has not proceeded in and honest and fair manner.

Section 236. The Election Commission shall have the following powers and duties:

(6) to order a new election or a new voting at a referendum to be held in any or all polling stations when there occurs convincing evidence that the election or the voting at a referendum in that or those polling stations has not proceeded in an honest and fair manner;

There is no requirement in the minor detail of running a referendum that requires a violation of section 108 of the Constitution.

Further EC, briefed 54 Ambassadors saying the election might not be completed. EC has a duty under 236. If they believe that, then they are in breach of their duty under 236 and need to resign and be replaced with competent offices.

It's just an election, those stations were blocked by just a handful of people, and yet EC refused help from the army and police to clear those protestors.

You are contradicting yourself.

"and such election day must be the same throughout the Kingdom."

"has not proceeded in an honest and fair manner;" does not apply to not hold voting....there was no voting and no candidates in many places....

But the election day must be the same throughout the Kingdom....So the complete election is wrong.

"And such election day must be the same throughout the Kingdom."

It was held on the same day throughout the Kingdom - are you saying just because some people were blocked from voting at some venues (a minority of venues) that it isn't valid?

What about fire, flood, traffic accidents? With more than 91,000 voting venues throughout Thailand I doubt there has ever been a situation where all of them were open and unblocked on the same day.

Your argument seems to be based on wishful thinking of the democrats.

Almost all in the south had no voting, no registered candidates, not staff there, as all resigned and not paper......so there was no election in the south.

Not some people blocked, there were no places to vote and no candidates to vote for.

One of the rare exceptions was in NST, with one PTP candidate and one "PTP" under a different party so there is no 20 % limit. So no opposition.

The non PTP got ZERO votes, so he didn't even vote himself.

The PTP got 18 votes and won.

Does that sound like a democratic election? That is worse than Communist East Germans Democracy but better than North Koreas.

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EC is lying, it is a violation of the Constitution to dissolve the house twice, and it is completely unnecessary:

Section 108. The King has the prerogative to dissolve the House of Representatives for a new election of members of the House.

The dissolution of the House of Representatives shall be made in the form of a Royal Decree in which the day for a new general election must be fixed for not less than forty-five days but not more than sixty days as from the day the House of Representatives has been dissolved and such election day must be the same throughout the Kingdom.

The dissolution of the House of Representatives may be made only once under the same circumstance.

It is illegal for the EC to demand a second decree under secton 108 just to register candidates. Section 108 makes it illegal!

Section 236 requires they run fresh elections where a poll has not proceeded in and honest and fair manner.

Section 236. The Election Commission shall have the following powers and duties:

(6) to order a new election or a new voting at a referendum to be held in any or all polling stations when there occurs convincing evidence that the election or the voting at a referendum in that or those polling stations has not proceeded in an honest and fair manner;

There is no requirement in the minor detail of running a referendum that requires a violation of section 108 of the Constitution.

Further EC, briefed 54 Ambassadors saying the election might not be completed. EC has a duty under 236. If they believe that, then they are in breach of their duty under 236 and need to resign and be replaced with competent offices.

It's just an election, those stations were blocked by just a handful of people, and yet EC refused help from the army and police to clear those protestors.

You are contradicting yourself.

"and such election day must be the same throughout the Kingdom."

"has not proceeded in an honest and fair manner;" does not apply to not hold voting....there was no voting and no candidates in many places....

But the election day must be the same throughout the Kingdom....So the complete election is wrong.

"And such election day must be the same throughout the Kingdom."

It was held on the same day throughout the Kingdom - are you saying just because some people were blocked from voting at some venues (a minority of venues) that it isn't valid?

What about fire, flood, traffic accidents? With more than 91,000 voting venues throughout Thailand I doubt there has ever been a situation where all of them were open and unblocked on the same day.

Your argument seems to be based on wishful thinking of the democrats.

Almost all in the south had no voting, no registered candidates, not staff there, as all resigned and not paper......so there was no election in the south.

Not some people blocked, there were no places to vote and no candidates to vote for.

One of the rare exceptions was in NST, with one PTP candidate and one "PTP" under a different party so there is no 20 % limit. So no opposition.

The non PTP got ZERO votes, so he didn't even vote himself.

The PTP got 18 votes and won.

Does that sound like a democratic election? That is worse than Communist East Germans Democracy but better than North Koreas.

That was the rules put forward by the interim military appointed government (2007) and then later amended by the democrats (2011).

So why is anyone complaining?

EDIT - you're talking about the south - I'm talking about the entire Kingdom. The polls in the south were blocked by southern people, the polls in the north and most of central were open. You're saying the south is more important by blocking 10,000 than the 80,000 booths that were open.

Edited by airconsult
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"And such election day must be the same throughout the Kingdom."

It was held on the same day throughout the Kingdom - are you saying just because some people were blocked from voting at some venues (a minority of venues) that it isn't valid?

What about fire, flood, traffic accidents? With more than 91,000 voting venues throughout Thailand I doubt there has ever been a situation where all of them were open and unblocked on the same day.

Your argument seems to be based on wishful thinking of the democrats.

Almost all in the south had no voting, no registered candidates, not staff there, as all resigned and not paper......so there was no election in the south.

Not some people blocked, there were no places to vote and no candidates to vote for.

One of the rare exceptions was in NST, with one PTP candidate and one "PTP" under a different party so there is no 20 % limit. So no opposition.

The non PTP got ZERO votes, so he didn't even vote himself.

The PTP got 18 votes and won.

Does that sound like a democratic election? That is worse than Communist East Germans Democracy but better than North Koreas.

That was the rules put forward by the interim military appointed government (2007) and then later amended by the democrats (2011).

So why is anyone complaining?

EDIT - you're talking about the south - I'm talking about the entire Kingdom. The polls in the south were blocked by southern people, the polls in the north and most of central were open. You're saying the south is more important by blocking 10,000 than the 80,000 booths that were open.

Thailand without the South isn't the entire Kingdom. If one complete area is missing it doesn't matter if it was in other areas OK. It says "throughout the Kingdom" and not "throughout the north, most of central and nevermind the south".

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Election Commission knows who won seats already but won't say:

The Election Commission said election officials would count ballots and tally the results at each polling station following Sunday’s poll. Those results would then be aggregated at district offices across the country, but may not be announced individually until all the votes are in and counted.

So they know the results of seats already, but won't say.

This is a violation of the constitution:

Section 236. The Election Commission shall have the following powers and duties:

(7) to announce the result of an election and the voting in a referendum;

They have a duty to announce the result and no basis for withholding it.

For the House of Representaives to sit 475 seats = 95% of seats need to be voted on. However the election commission intends to withhold the result until 500 seats are filled:

The Election Commission said on Tuesday that it would have to continue organizing by-elections in problematic constituencies until all 500 members of the Parliament’s lower house are selected, which could take between three to four months

So 475 seats may be filled, yet the Election Commission would conceal thus preventing a government from standing?

Well of course. How can any reasonable peacefully democratic reformer expect them to produce an acceptable result until they know the real results?

Sent from my Nexus 7 using Thaivisa Connect Thailand mobile app

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EC is lying, it is a violation of the Constitution to dissolve the house twice, and it is completely unnecessary:

Section 108. The King has the prerogative to dissolve the House of Representatives for a new election of members of the House.

The dissolution of the House of Representatives shall be made in the form of a Royal Decree in which the day for a new general election must be fixed for not less than forty-five days but not more than sixty days as from the day the House of Representatives has been dissolved and such election day must be the same throughout the Kingdom.

The dissolution of the House of Representatives may be made only once under the same circumstance.

It is illegal for the EC to demand a second decree under secton 108 just to register candidates. Section 108 makes it illegal!

Section 236 requires they run fresh elections where a poll has not proceeded in and honest and fair manner.

Section 236. The Election Commission shall have the following powers and duties:

(6) to order a new election or a new voting at a referendum to be held in any or all polling stations when there occurs convincing evidence that the election or the voting at a referendum in that or those polling stations has not proceeded in an honest and fair manner;

There is no requirement in the minor detail of running a referendum that requires a violation of section 108 of the Constitution.

Further EC, briefed 54 Ambassadors saying the election might not be completed. EC has a duty under 236. If they believe that, then they are in breach of their duty under 236 and need to resign and be replaced with competent offices.

It's just an election, those stations were blocked by just a handful of people, and yet EC refused help from the army and police to clear those protestors.

You are contradicting yourself.

"and such election day must be the same throughout the Kingdom."

"has not proceeded in an honest and fair manner;" does not apply to not hold voting....there was no voting and no candidates in many places....

But the election day must be the same throughout the Kingdom....So the complete election is wrong.

If you needed to restart the election each time some seats were unable to have elections on the designated day, then section 236/6 would never work:

Section 236. The Election Commission shall have the following powers and duties:

(6) to order a new election or a new voting at a referendum to be held in any or all polling stations when there occurs convincing evidence that the election or the voting at a referendum in that or those polling stations has not proceeded in an honest and fair manner;

You would have to have a complete restart for the whole country, just to have an election redone in one station. Thus 236 would serve no purpose which could never have been the intention of the framers.

Notice also it says 'election' not just referendum...to order a new election... in any polling station... that has not proceeded in an honest and fair manner.

Election includes both registration, sending out the ballots and voting, so their claim that they need a new 108 dissolution decree is therefore false under this clause too. Not only would be it be illegal under clause 108 (which explicitly makes it illegal), clause 236/6 gives them the power and duty to hold fresh elections in those problem seats.

So their claim they don't have the power is false, it's there right under 236/6. And a failure to do those fresh elections at the problem seats is a violation of their duty too.

But if Dems want to try to annul the election on that clause go ahead! It would render the current EC incompetent for failing to deliver elections if they succeeded. Given the behavior of this EC (see quotes from Somchai below), that would be a good thing. But it would likely not succeed because doing fresh elections in problem polling stations under 236/6 is routine practise done before not something special.

EC member Somchai Srisutthiyakorn said:

'The elections will not take place unless both parties and other stakeholders hold talks and reach an agreement. The EC is ready to act as a go-between.'

'After the registration of constituency candidates ends on Jan 1, the EC will hold a meeting on Jan 2 and make a decision,'

'Some people may say we are crossing the line. In some cases we might overstep our authority. But if that can resolve the situation, we have to do it,'

'And if the public thinks that we have crossed the line, we will take responsibility.'

Edited by BlueNoseCodger
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EC is lying, it is a violation of the Constitution to dissolve the house twice, and it is completely unnecessary:

Section 108. The King has the prerogative to dissolve the House of Representatives for a new election of members of the House.

The dissolution of the House of Representatives shall be made in the form of a Royal Decree in which the day for a new general election must be fixed for not less than forty-five days but not more than sixty days as from the day the House of Representatives has been dissolved and such election day must be the same throughout the Kingdom.

The dissolution of the House of Representatives may be made only once under the same circumstance.

It is illegal for the EC to demand a second decree under secton 108 just to register candidates. Section 108 makes it illegal!

Section 236 requires they run fresh elections where a poll has not proceeded in and honest and fair manner.

Section 236. The Election Commission shall have the following powers and duties:

(6) to order a new election or a new voting at a referendum to be held in any or all polling stations when there occurs convincing evidence that the election or the voting at a referendum in that or those polling stations has not proceeded in an honest and fair manner;

There is no requirement in the minor detail of running a referendum that requires a violation of section 108 of the Constitution.

Further EC, briefed 54 Ambassadors saying the election might not be completed. EC has a duty under 236. If they believe that, then they are in breach of their duty under 236 and need to resign and be replaced with competent offices.

It's just an election, those stations were blocked by just a handful of people, and yet EC refused help from the army and police to clear those protestors.

I'm guessing that Surapong hasn't beat a path to your door in an attempt to hire you into the Council of State?

Sent from my Nexus 7 using Thaivisa Connect Thailand mobile app

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