Supreme Court Judges Snub Senate Request

[Jai Dee]

Supreme court judges snub Senate request

Supreme Court judges have shot down a request of caretaker Senate Speaker Suchon Chaleekrua for them to nominate four candidates to fill two vacant seats of the Election Commission.

Supreme Court Secretary Wirat Chinwinijkul said the 72 of 82 Supreme Court judges voted not to nominate the candidates while four judges voted to make the nomination.

Six other judges abstained.

Full story from The Nation here.

[Jai Dee]

The Supreme Court refuses to help fill 2 EC vacancies

The Supreme Court has turned down a request of interim senate speaker Suchon Chaleekrua (สุชน ชาลีเครือ) that it fills 2 vacancies on the 5-seat Election Commission (EC).

The court’s general assembly of judges voted 72 to 4, with 6 abstentions, against nominating 4 candidates for the senate to select 2 of them to the EC.

The court will later send a letter to Mr. Suchon explaining why his request was rejected.

Two seats on the EC became vacant following the death of Charan Buranapansri (จรัล บูรณพันธ์ศรี) and the resignation of Jarupat Ruangsuwan (จารุภัทร เรืองสุวรรณ).

Source: Thai National News Bureau Public Relations Department - 01 June 2006

[Jai Dee]

35 senators ask Constitution Court to disqualify EC commissioners

A group of 35 caretaker senators Thursday asked caretaker Senate Speaker Suchon Chaleekrua to seek a ruling from the Constitution Court to disqualify the three remaining election commissioners.

The group was led by Somkid Srisangkhom, Sak Korsaengruang, Panya Yuprasert and Karun Sai-ngam.

Full story at The Nation.

[Jai Dee]

35 interim senators ask the Constitution Court to dismiss 3 EC members

Thirty-five interim senators submitted a letter to the Consitution Court seeking its dismissal of the 3 remaining Election Commission members via interim senate speaker Suchon Chaleekrua (สุชน ชาลีเครือ) yesterday.

The senators said in their letter that Wassana Permlarp (วาสนา เพิ่มลาภ), Parinya Nakchatree (ปริญญา นาคฉัตรีย์) and Weerachai Naewboon-nian (วีระชัย แนวบุญเนียน) were now unqualified to stay in their posts because they were partial and lacked integrity.

Mr. Suchon said he would set up a panel to consider whether he should forward the matter to the Constitution Court. He himself declined comment whether the poll commissioners should resign after the Supreme Court’s general assembly decided against nominating new EC members to fill 2 vacancies on the poll agency.

Source: Thai National News Bureau Public Relations Department - 02 June 2006

[Jai Dee]

Three Former Senators have requested senate speaker to restrain the petiton asking for a withdrawal of the positions of EC members

Three former senators have requested interim Senate Speaker Suchon Chaleekrua (สุชน ชาลีเครือ) to restrain the thirty-five interim senators’ demand for the Constitutional Court to withdraw the positions of the three remaining Election Commission members.

The three Former Senators, namely Mr. Prakiart Nasimma (ประเกียรติ นาสิมมา), Mr. Nikom Chaokittisobhol (นิคม เชาว์กิตติโสภณ), and Mr. Adulya Wanchaithanawong (นายอดุลย์ วันไชยธนวงศ์), have submitted a letter to Mr. Suchon. The letter has requested him to restrain the petition of the thirty-five interim senators. They have reasoned that the working period of these thirty-five interim senators has ended since March 21st. Therefore, the petition does not go in line with the legal requirements.

In the meantime, the three former senators have insisted that they are not favoring the Election Commission, but they want to protect the Constitution.

Source: Thai National News Bureau Public Relations Department - 05 June 2006

[ando]

How many senators are there? I thought there was something like about 150 plus.

Isnt it normal practice for the senate to vote on things like presenting a petition to the courts on behalf of the senate? Or is this just a private petition by individuals who just happen to be senators?

[Plus]

The court is obliged to consider the petition if 20 senators sign up, or maybe 10, I don't remember. Not everyone is allowed to petition the courts. They have rejected a few suits because of that.

[slimdog]

How many senators are there? I thought there was something like about 150 plus.

Section 121.

The Senate shall consist of two hundred members to be elected by the people. In the case where the office of the senator becomes vacant for any reason whatsoever and an election of a senator to fill the vacancy has not yet been held, the Senate shall consist of the remaining senators.

Generally there are 200 members, however, as 2 members recently resigned that brings the number down to 198.

Isnt it normal practice for the senate to vote on things like presenting a petition to the courts on behalf of the senate? Or is this just a private petition by individuals who just happen to be senators?

In the case of the Election Commision there is no need to have a vote for removal of office, as this is covered by section 142 of the constitution, which states:

Members of the House of Representatives, senators, or members of both Houses of not less than one-tenth of the total number of the existing members of the two Houses have the right to lodge with the President of the National Assembly a complaint that any Election Commissioner is disqualified or is under any of the prohibitions under section 137 or has acted in contravention of any of the prohibitions under section 139 and the President shall refer that complaint to the Constitutional Court for its decision as to whether that Election Commissioner has vacated his or her office. When the Constitutional Court has passed a decision, it shall notify the President of the National Assembly and the Chairman of the Election Commission of such decision. The provisions of section 97 shall also apply mutatis mutandis to the vacation of office of Election Commissioners.

Under normal conditions, therefore a total of not less than 70 members of both houses would be needed to lodge a complaint. Exactly how they interpret the existing number under the circumstances of today I do not know.

[Jai Dee]

Mr. Suchon will announce the solutions for demanding on a EC withdrawal at 11.00 hrs today

At 11:00 hours today, Interim Senate Speaker Suchon Chaleekrua (สุชน ชาลีเครือ) is preparing to announce the solution of the case of 35 former senators’ demand for the Constitutional Court to withdraw the positions of the three remaining Election Commission (EC) members.

The 35 former senators have requested to dismiss the EC positions of Mr. Wassana Permlarp (วาสนา เพิ่มลาภ), Mr. Parinya Nakchatree (ปริญญา นาคฉัตรีย์) and Mr. Weerachai Naewboon-nian (วีระชัย แนวบุญเนียน) as their qualifications do not meet the constitutional requirements. Mr. Suchon said that he has assigned Parliament Secretary-General Phitoon Phumhiran (พิทูร พุ่มหิรัญ) and his team to consider the matter. The team will announce the solutions at 11 AM today.

Mr. Phitoon said that he has already handed the details to Mr. Suchon, who should follow the instructions.

Source: Thai National News Bureau Public Relations Department - 06 June 2006

[Jai Dee]

An EC official seeks cancellation of the Supreme Court decision against naming new poll commissioners

A senior Election Commission (EC) official will today petition the Administrative Court to lift a Supreme Court resolution denying the nomination of poll commissioners.

Mr. Peerapong Pairin (พีระพงษ์ ไพรินทร์), the Deputy Director of the Policy and Planning Office, said the resolution blocked his chance to get nominated as EC members. Mr. Peerapong said the petition was not politically motivated and that he did not consult any commissioner.

He said he had applied twice for the post of poll commissioner but was not selected. He also was not challenging the Supreme Court.

The Supreme Court’s general assembly resolved on May 31st not to name four candidates for the senate to vote two of them to the EC to replace Mr. Charan Buranapansri (จรัล บูรณพันธ์ศรื) and Mr. Jarupat Ruangsuwan (จารุภัทร เรืองสุวรรณ).

Source: Thai National News Bureau Public Relations Department - 07 June 2006

[Jai Dee]

Election official asks Administrative Court to overthrow Supreme Court judges' decision

A senior official of the Office of the Election Commission Wednesday filed a suit with the Central Administrative Court seeking an order to force Supreme Court judges to nominate candidates for vacant EC seats.

Phirapong Phairin, deputy director of the Policy and Planning Division of the EC's Office, said the Supreme Court judges' decision not to nominate candidates deprived him of a chance to stand as a candidate.

He said the decision of the Supreme Court judges affected and restricted his right as guaranteed by Articles 28 and 62 of the Constitution.

He alleged that the decision also ran against the law.

Source: The Nation - 07 June 2006