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Thai Constitutional Court voids February election


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Not sure what all the fuss is about , its as predictable as all Thai Soaps, next episode; Yinlucks conviction and flight to exile..Shin Junior enters stage right...and the whole cycle starts again... unless of course the Shins can be dealt a fatal blow...can but hope.

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Very interesting point. In reality, the 02 Feb elections has NOT BEEN COMPLETED. So in effect, the CC has ruled on an election IN PROGRESS.

actually. it has been voided because it cannot comply with the constitution in that it could not be completed on a single day (in which it has to do in order for it to be to be validated)!!

Care to expand on how this will affect advance voting? Or are you saying that advance voting will also render an election void?

advanced voting is spelled out in the constitution, so it wouldn't render an election void.

Can you quote the article in the constitution where it says this? I couldn't find anything

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As Spalpeen says, 'If just two judges had changed sides the election would have been approved.'

Absolutely.

And if just two judges hadn't changed sides over a decade ago Thaksin would never have been approved as Prime Minister.

Strange how things go around isn't it. wai2.gif

edit typo

Edited by bigbamboo
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If PT win, then that's fine. However if they rule in the same manner they did last time round, this chaos will just start again. They and others need to start thinking in more consensus political ways.

Oh yes, no blanket amnesties, no avoiding gaol for crimes committed and, for pity's sake, no more rice schemes.

So the murder arrests and trials for Suthep and Abby should proceed in all fairness?

Along with yingluck and other PT members for corruption, criminal incompetence over the rice scheme, those involved in the murder of the PRDC leader outside the polling station, those responsible for attacks and killings during the current protests [on both sides], Tarit for his illegal construction project, UDD leaders for their part in the murder of civilians during their occupation of bangkok in 2010 and other incidents of thuggery, thaksin for the extra judicial murders in his drugs war, his ex for corruption, PAD for their lunacy back in 2006 [was that their year], chalerm's son for murder, and lets face it, so many more of all political shades, sure.

Let the courts judge the guilty and innocent.

Works for me.

How about you?

Don't be silly, it's a bit more serious than your stereotyping.

1: Who appoints the judges ?

2: Where are their interests ?

3: Who instructs them ??

4: There are now 20,000,000 pissed off voters, many of whom think their vote and opinions have needlessly been nullified.

It should not be a surprise if some of them are a bit "hostile" to this ruling.

5: Expect a lot more violence.

6: It seems many on here think it's quite acceptable for Suthep to derail an election, but I wonder what you would say if Thida or

Jataporn were to do the same ??? ( endless frothing no doubt.)

7: it doesn't work for me, far too simplistic.

8: The precedent set, which you, and others here, seem to approve is that any loonie closing, by force and intimidation, a polling

station or two, during a legal and constitutional election, is a truly insane precedent.

9: It is now way, way beyond Thaksin.

Don't forget the rest of us who were blocked from voting.

The party list system meant they were supposed to have votes down south for the party lists. They blocked the ballots with a handful of people at Chumpon post office, the EC would not let the police or army clear the protestors, instead choosing to negotiate with protestors, as if elections were somehow negotiable. So we never got to vote, even though the party registration was done, and I was on the voting list and everything was ready, the posters were out, the markees erected, there simply was no vote.

I was not the only one angry, I saw a man arrive, realize he couldn't vote, beat the crap out of a solitary protestor they had stationed there and sadly I completely forgot what he looked like, completely forgot his car registration plate, indeed, thinking about it, I think the protestors actually just fell over and hurt himself... repeatedly.

I know who I blame, the one in the middle, what he did was blatant:

post-199953-0-63178300-1393225492_thumb.
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Along with yingluck and other PT members for corruption, criminal incompetence over the rice scheme, those involved in the murder of the PRDC leader outside the polling station, those responsible for attacks and killings during the current protests [on both sides], Tarit for his illegal construction project, UDD leaders for their part in the murder of civilians during their occupation of bangkok in 2010 and other incidents of thuggery, thaksin for the extra judicial murders in his drugs war, his ex for corruption, PAD for their lunacy back in 2006 [was that their year], chalerm's son for murder, and lets face it, so many more of all political shades, sure.

Let the courts judge the guilty and innocent.

Works for me.

How about you?

Don't be silly, it's a bit more serious than your stereotyping.

1: Who appoints the judges ?

2: Where are their interests ?

3: Who instructs them ??

4: There are now 20,000,000 pissed off voters, many of whom think their vote and opinions have needlessly been nullified.

It should not be a surprise if some of them are a bit "hostile" to this ruling.

5: Expect a lot more violence.

6: It seems many on here think it's quite acceptable for Suthep to derail an election, but I wonder what you would say if Thida or

Jataporn were to do the same ??? ( endless frothing no doubt.)

7: it doesn't work for me, far too simplistic.

8: The precedent set, which you, and others here, seem to approve is that any loonie closing, by force and intimidation, a polling

station or two, during a legal and constitutional election, is a truly insane precedent.

9: It is now way, way beyond Thaksin.

I'll take the judges over UDD any day.

However it is point 8 i would like you to back up with evidence please. I never supported the blocking of polling stations. I have always supported elections. I have from day 1 called suthep and his plans for a fascist council wrong.

As for being silly, physician heal thyself if you truly believe point 9.

Perhaps this might provide some of the information you may be interested in:

Prior to the Constitutional Court ruling, protest leader Suthep Thaugsuban, who was a deputy prime minister under the previous Democrat-led government, told his supporters in a speech on Thursday there would be no compromise.

"If the court rules the election void, don't even dream that there will be another election. If a new election date is declared, then we'll take care of every province and the election won't be successful again," he said.

http://uk.reuters.com/article/2014/03/21/uk-thailand-protest-idUKBREA2K05420140321

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As Spalpeen says, 'If just two judges had changed sides the election would have been approved.'

Absolutely.

And if just two judges hadn't changed sides over a decade ago Thaksin would never have been approved as Prime Minister.

Strange how things go around isn't it. wai2.gif

edit typo

.

I'm much more concerned about 20 million disenfranchised voters in the here and now than some ancient court case that no one cares about. It's those 20 million voters, and all the others who were violently prevented from voting, who will be setting the agenda in the next few weeks.

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Don't forget the rest of us who were blocked from voting.

The party list system meant they were supposed to have votes down south for the party lists. They blocked the ballots with a handful of people at Chumpon post office, the EC would not let the police or army clear the protestors, instead choosing to negotiate with protestors, as if elections were somehow negotiable. So we never got to vote, even though the party registration was done, and I was on the voting list and everything was ready, the posters were out, the markees erected, there simply was no vote.

I was not the only one angry, I saw a man arrive, realize he couldn't vote, beat the crap out of a solitary protestor they had stationed there and sadly I completely forgot what he looked like, completely forgot his car registration plate, indeed, thinking about it, I think the protestors actually just fell over and hurt himself... repeatedly.

I know who I blame, the one in the middle, what he did was blatant:

I agree with you. How it could have been that there was NO attempt whatsoever to force the constitutional obligation of the vote into reality, God knows.

The EC was completely lilly livered and limp wristed in their conduct. Ironically, governments in Thalind can call on the army to shoot its own people protesting FOR or AGAINST democracy, but they cannot call on the army to enforce it.

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.

Contempt for the democratic wishes of the Thai people.

20mln citisens voted in this election. The court invalidated their political choice. The court is in the pockets of the ruling class

A whole can of worms have been opened here. This has given carte blanche to anyone who does not want elections to be held in Thailand. The only way to then stop the protestors is to bring in the RTA or RTP which will then result in violence and bloodshed.

If this ever happens in the future, all will remember that this is PDRC'S legacy to Thailand.

Long live the King.

Lets see........... Reds violent for many years, particularly so 4 years ago. Get snotty because people don't like Thaksin stealing darn near the entire treasury and in tne mean time thay have corrupted the voting system. PDRC come on stage (every day & night for over 4 months, like a Thai My Fair Lady" except it is exactly the opposite of that. Reds can't govern, disolve parliament. Election called in 2nd month of protests. Only PTP & cronie parties stand.because the electoral system has been corrupted Election fails. You suggest that the only only solution is to call in the army, (or the police???????????????????) and the result will be "violence & bloodshed" And the blame will be on the PDRC.

How do you work that out. Hasn't anyone told you that blaming the victims not tne criminals is just silly and wrong?. And are you a coup monger?

Long live the King........ And, eventually, a happy fairly represented democratic people of Thailand

Huh?????

What are you trying to say, really? My post is about setting a precedent, in law. It's obvious from your response that you have no iota of knowledge about that.

Stick to killing innocent animals.

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The CC only had to consider one issue - were there suffiicient number of constituencies with candidates

- answer NO.

Fail.

The reason they gave was that elections could not be held in one day meaning this is what they considered. Amazing how some posters don't even understand the basics of law.

The reason the election was nullified was posted on page 1 of 15.

http://www.thaivisa.com/forum/topic/712694-thai-constitutional-court-voids-february-election/#entry7589815

Amazing how some posters don't even understand the basics of reading.

coffee1.gif

Still, it doesn't stop them from making 35 posts on this thread.

rolleyes.gif

.

Wow, you are trying really hard to increase your post count are you?

In any case, fail again. Go back to kindergarten and learn to COMPREHEND what you read. However many constituencies that were not contested is irrelevant. It's the claim that elections were not held on the same day.

If you spend less time in the bars, you might be able to widen your general knowledge and intelligence a little bit more (though I doubt it).

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Ok. There will be a new election.

And now that Suthep has shown that he can disrupt an election and prevent Thailand from having an elected legally constituted government, are we going to have a repeat for the next election?

There has to be a new election, That's what the CC ruling means.

Now its up to Suthep and the Democrats to respect that ruling and to allow the election to proceed. The EC has enough advance warning to get itself organized and to do its job. Hopefully, this time, the people who attempt to sabotage the election will be arrested and charged immediately.

The military has to decide what it will do.

End result: I predict another PTP election victory and the rout of the Democrat party.

That depends if the real reason the election was nullified is rectified. Otherwise, the next election will be nullified also.

The court reasoned that the election violated Article 108 (2) of the Constitution because no candidates stood in 28 constituencies in eight southern provinces, and thus making it impossible to hold the election on the same day nationwide.

You seem to have some comprehension or communication problem. You start off by implying that the ruling has more than meets the eye - "if the real reason the election was nullified is rectified"

and then go on to repeat the courts reasoning.

So what is the real reason the election was nullified? Obviously because PTP would have won and we can't be having that right?

Hypocrisy in full showing.

Reviewing your other posts where you couldn't even grasp the basics of how elections are done (post 301), it's not surprising you struggle with the clearly legal and straight-forward logical reason (refer to my quote above) the election was considered null and void.

Haha. How critically you shot yourself in the foot. If you would look at post 303, that negates your "attempted" intellectual argument.

But you know what? I don't think any other poster gives a flying **** so let's close this and move on.

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My wife was watching one of those Thai soap operas this afternoon, you know the ones where about a dozen people stand around shouting and pointing guns at each others heads. As I was watching it, it occurred to me that the cast of that soap opera could stop a Thai general election if they wanted to.

If they visited a few candidate registration centres (pointing guns and shouting) they could ensure some constituencies had no candidates. Next they visit some polling stations on election day (pointing guns and shouting) and the election officials immediately shut up shop and go home. The EC "advise" the government that it's not possible to complete the election. The constitutional court then tips 20 million valid cast votes into the bin, and Bob's your uncle, Thailand isn't a democracy any more.

And if you think the cast of a soap opera couldn't stop a Thai general election, let's have a look at some of the real culprits......

post-70418-0-02931500-1395421098_thumb.j

Edited by Spalpeen
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Anyone thinking about the consequence to Thailand of Suthep, Abhisit & Co shutting down some polling stations during the next election, the CC then nullifying the next election, the NACC going to the CC which then removes Yingluck followed by dissolution of the PTP?

And what happens if the result is that Suthep and Abhisit get their Fascist Council?

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Good to know that if a single polling station remains closed on election day, the whole election will be invalidated. Now that's what I call real "people power" and probably the last election we'll see in Thailand for the foreseable future. Banning any particular political party from the election will not stop an election from being invalidated.

Another consequence is that EC supported the post February 2nd election. The EC obviously was in charge of scheduling and monitoring election polls. The EC should have known that no elections could be re-scheduled beyond February 2nd. Therefore, the EC committed an unconstitutional act and should be charged with dereliction of duty with all its members expelled from the Commission.

Perhaps going one more step, the Police were responsble for law enforcement at safe polling stations that would have kept them open. It failed to do so and should also be charged with dereliction of duty with it minister expelled from the force.

The only thing that remains is that the voting public at large be charged with dereliction of duty to vote on the assigned date of February 2nd and banned from further elections. No further government, no further elections, no further voting public and Thailand ceases to exist as a nation.

"Perhaps going one more step, the Police were responsble for law enforcement at safe polling stations that would have kept them open. It failed to do so and should also be charged with dereliction of duty with it minister expelled from the force."

Sometimes albeit accidently the Police in the role of spectaters,seem to be doing a good job,I can't see what other role,would fit their dubious skills!

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I find that many of the comments in this topic - mention the Constitution like it is some sacred document written by the Founding Fathers - lovingly produced in quant copperplate script - Ratified by the States of the Union and thoughtfully amended by two-thirds plus one of the two elected houses of representation over the decades.

Wake up guys the constitution of this country has been written by a bunch of elites without a process of consultation - the electorate has never been asked to ascent to it or to vote on it and it has been subsequently torn -down, kicked around and altered by various military appointed Governments over the Decades.

Show me where it says - that if you don't like what is going on you can have a coup - suspend the Constitution chuck some people out, bring others in and then - by some magic return to Constitutional rules.

Please lets keep the debate sensible - who owns the Constitution and exactly whose is it - By the people? for the people? with the people? or against the people? So what exactly is the Constitution Court ruling on???

Actually, Kevin, this 2007 constitution was voted on by the Thai people - though only after a massive, hugely-funded campaign by the Generals, and even after all their efforts the result was scarcely a ringing endorsement. The process is described in Baker/Phongpaisit's biography of Thaksin (2009 edition). But your basic point is totally correct, that the Thai constitution has been rewritten many times! Obviously the 1997 constitution was much more democratic than the General's 2007 one, with, for example, the Senate being all elected. But the top people didn't like that, did they! So the 1997 constitution bit the dust.

The ammart have still got this country pretty well sewn up - it's one of the most unequal countries in Asia - and they keep it that way through a whole variety of strategies. The currently leading gambit is to demonise the Shinewatras and convince the Thai public that they are "the most evil and corrupt family in Thailand". Yeah, right - except for all the other corrupt politicians like Suthep and his cronies!

This strategy is not working because it contradicts what the people themselves know. Thaksin certainly did a few dodgy deals and kept his businesses alive while in power, but what makes him way different from the other really corrupt Thai politicians is that he genuinely helped the rural people. He made campaign promisies and he kept them. The Isaan people have never looked back, because Thaksin changed their lives and gave them a new pride. That's why he got booted out by the Generals and the ammart. They don't like it when people tell the "ignorant farmers" that they might actually be human beings who have the same value as the BMW-driving crony-capitalists in Bangkok.

Please spare me the myth of Thaksin the Robin Hood of Thailand! stealing from the poor to give to Rich family and cohorts was not what Robin Hood was all about!

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Constitutional Judge do their duty, I see a lot of people in this forum cry about injustice, a lot of criminal cry to injustice when they loose their trial, Some politician too, Berlusconi, Taksin and other.... why they cry injustice because themselves not believe in democracy and they don't understand the real purpose of democratically elected government.

This type of people only love power and use the mass and corrupt mean to keep power in their own hands......

In real democratic country they are rules and independent agencies are to vigil that rules are respected by all........

Yingluck by the pass has been warm about problem could result for her attempt to force election on Feb 2, she has been warm about risk and legal consequence but she made nothing and only support the move of PT agenda : have quickly a new parliament without all province represent for vote an emergency amnesty bill for protect them for consequence of Rice scheme scandal, and all corrupt cases will reveal.

PT and Yingluck not to put all blame on PRDC only, but she, like Suthep, must be declare responsible of this fiasco.

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reds have won every single election, every time stronger

Don't count on it indefinately,the PTP is in decline,and so are thier Red mates!

Not that the Thai People are going to be given the opportunity to find out.

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"People can call no votes however they want, but by the law of averages, you would have to say that the no votes would be split exactly the same as those that voted, unless you have another way of establishing what the no voters would do?"

By "no votes" do you mean those that voted no or those that did not vote?

Since Puea thai was on the ballot it would be logical to assume that none of those voting no would have voted for puea thai.

For those that did not vote the law of averages would not apply since there was an active campaign by suthep to try and get people not to vote, therefore it would be logical to assume that the campaign would have some affect on the results.

It would also be logical to think that since the dems were not on the ballot so the people that wanted to vote for the dems were more likely not to even bother to go vote since they had no one they wanted to vote for.

Of course some of the puea thai voters may have not bothered to vote because peua thai only had small parties as opposition but I believe this would be a less compelling reason not to vote than the dem supporters had.

Therefore, in my opinion, there were more dem supporters that did not vote than peua thai supporters that did not vote.

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My wife was watching one of those Thai soap operas this afternoon, you know the ones where about a dozen people stand around shouting and pointing guns at each others heads. As I was watching it, it occurred to me that the cast of that soap opera could stop a Thai general election if they wanted to.

If they visited a few candidate registration centres (pointing guns and shouting) they could ensure some constituencies had no candidates. Next they visit some polling stations on election day (pointing guns and shouting) and the election officials immediately shut up shop and go home. The EC "advise" the government that it's not possible to complete the election. The constitutional court then tips 20 million valid cast votes into the bin, and Bob's your uncle, Thailand isn't a democracy any more.

And if you think the cast of a soap opera couldn't stop a Thai general election, let's have a look at some of the real culprits......

attachicon.gifimage.jpg

I do not know about every polling station but the one i went to here in chaing mai had an armed police officer with a radio that could call more armed police officers protecting the ballot box so if this is the case for all polling stations it would take more than a dozen or so people with guns.

Also you are discounting the fact that there were vastly more polling stations with no results than what could be accomplished by a dozen or two armed people.

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Oh yes, no blanket amnesties, no avoiding gaol for crimes committed and, for pity's sake, no more rice schemes.

So the murder arrests and trials for Suthep and Abby should proceed in all fairness?

Along with yingluck and other PT members for corruption, criminal incompetence over the rice scheme, those involved in the murder of the PRDC leader outside the polling station, those responsible for attacks and killings during the current protests [on both sides], Tarit for his illegal construction project, UDD leaders for their part in the murder of civilians during their occupation of bangkok in 2010 and other incidents of thuggery, thaksin for the extra judicial murders in his drugs war, his ex for corruption, PAD for their lunacy back in 2006 [was that their year], chalerm's son for murder, and lets face it, so many more of all political shades, sure.

Let the courts judge the guilty and innocent.

Works for me.

How about you?

Don't be silly, it's a bit more serious than your stereotyping.

1: Who appoints the judges ?

2: Where are their interests ?

3: Who instructs them ??

4: There are now 20,000,000 pissed off voters, many of whom think their vote and opinions have needlessly been nullified.

It should not be a surprise if some of them are a bit "hostile" to this ruling.

5: Expect a lot more violence.

6: It seems many on here think it's quite acceptable for Suthep to derail an election, but I wonder what you would say if Thida or

Jataporn were to do the same ??? ( endless frothing no doubt.)

7: it doesn't work for me, far too simplistic.

8: The precedent set, which you, and others here, seem to approve is that any loonie closing, by force and intimidation, a polling

station or two, during a legal and constitutional election, is a truly insane precedent.

9: It is now way, way beyond Thaksin.

I'll take the judges over UDD any day.

However it is point 8 i would like you to back up with evidence please. I never supported the blocking of polling stations. I have always supported elections. I have from day 1 called suthep and his plans for a fascist council wrong.

As for being silly, physician heal thyself if you truly believe point 9.

I also have a problem with point 4.

I seriously doubt those that voted no and those that spoiled their ballots are pissed off.

Most likely only those that voted for peua thai are pissed off.

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What's democracy? Not what PT were doing.

Previous poster said pitchforks beat bayonets every time.

History shows the truth of the Marxist theory, when people are disenfranchised to an extent where the elite are very removed from the normal populace then there will be uprising.

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