Thai Constitutional Court voids February election

[lungmi]

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What a circus! The ultimate aim is for Thailand to have a democracy Thai style which is one that the amataya or Bangkok/Army Elite are comfortable with.....

The circus you talk about is entertaining. What's entertaining about it is that people like you are so fervent about the elite in BKK. All the while you follow the real elite. Thaksin and his PTP leaders whom you follow bindly. In this country the real elitists think they can uae their money to do anything they want and buy off who they want and harass whoever doesn't do as they say. This sounds a lot like YL, Thaksin, the PTP, and yes even Suthep. Who is the lesser evil? The elite who control all of the GOV and can arrest, kill, or take the peoples money without fear or impunity or the elite that want to make their businesses prosper.

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Some of these elite are my friends, I dine with them and there families, we do business together, and we have good heated discussions but respect each others point of view. They know the power play at the moment is moving away from the origins of the small group of power brokers of-the-past and one statesman that is one his way out also. So the younger generation of which I consider good and close friends are really not sure how to posture in this new environment. The family connections, the dining together and the business transactions are weakening from what they were 20-40 years ago and the bonds there fathers and the other elite had together. So although I might favour in some ways PTP as I truly believe in a one-on-one election they would still win, I still challenge my friends as to what policies they and the Dems can come up with to truly drive the economy. Unfortunately they are not capable of ever really answering that question! I just want to see Thailand grow...

Not for the moment. The silent majority is ready to wake up. It takes time.

[Chang_paarp]

I'm having a "not the sharpest tool in the toolbox" moment here fellas, but does this mean that the caretaker Government remains in power until a new election is called for, and completed and that Yingluck will stay put?

The technical reply to your question is; ..... sort of.

The current majority party retains the right to act as caretaker government until the next election, unless the Electoral Commission or the Judiciary can be convinced otherwise.

As Thailand is a parliamentary democracy the party with most seats in the parliament has the right to form government and appoint their leader as the Prime Minister, and appoint the cabinet ministers. Ideally this is done by a vote of the elected party/coalition members, this is how it is done more mature parliamentary democracies. It was the change of the balance of power that occurred when Samak was found guilty, with several members/parties of the coalition changing sides that allowed Abishit to become PM. This is one of the joys of a parliamentary democracy. I believe PT have a majority in their own right as of the the last completed election and do not have to worry too much about appeasing other parties to keep power.

Now Yinluck, and several members of the cabinet, have a number of issues with the courts that may remove them from being eligible to be members of parliament. This could alter the balance of power within the ruling faction.

[Skywalker69]

ok, there would be the next one, with the same effect - reds will win the majority, democrats will be losing support (that even if they contest an election).

dems wanted a new parliament, PM dissolved the house, dems boycotted the election. The reds won, election invalidated by yellow's palls from the court, dems call for boycott of the next poll.

the country is going down the drain, not the government, but courts, agencies and fascist mob on the streets running amok, destroying what is left from the reasonable economic, political and social stability.

the country is going down the drain,

This has been going on for tree years. It´s time to say farwell Yingluck.

[firestar]

ok, there would be the next one, with the same effect - reds will win the majority, democrats will be losing support (that even if they contest an election).

dems wanted a new parliament, PM dissolved the house, dems boycotted the election. The reds won, election invalidated by yellow's palls from the court, dems call for boycott of the next poll.

the country is going down the drain, not the government, but courts, agencies and fascist mob on the streets running amok, destroying what is left from the reasonable economic, political and social stability.

Ah the usual everybody else is wrong except Puea Thai excuse once again.

We are so misunderstood.

Never mind that what we did may have been wrong.

Never mind that we may have broken laws and the rules of parliament that put us here.

EVERYBODY ELSE is wrong.

Well boo hoo hoo.

How is the disruption in southern provinces of polling stations Puea Thai breaking the law?

Anyway It would be much easier if like the Junta / Democrats in 2006 they could just abolish the Constitutional court and later reestablish it having made various changes to it. Decisions sure go your way when you have the power to do that.

[focus27]

"A court spokesman told reporters that the 6:3 ruling was reached on the grounds that voting was not held for the entire country on the same day."

We await the full judgment, and I am not surprised BUT the above reason is just plain wrong.

The Constitution already allows a general election to not be run on the same day by allowing the House to convene with 95% of seats. So, a general election where up to 5% of seats need to be elected on a different day is OK, but if it was, say, 6% then that would void the other 94% of elected members?! Really!? As has been mentioned, this sets a bad precedent - but then again, the Thai legal system is not bound by precedents - it is bound by financial manacles.

Given also that the EC refuses to count the proportional votes until they are 100% completed, this tactic can now be used over and over again.

[RedUDead]

When the institutions of the state set themselves against the will of the people, there's only ever going to be one outcome. History shows that pitchforks beat bayonets every time.

Of course it could just be that the constitutional court looked at the rules and saw that they hadn't been abided by. That's maybe unfair on the l ast government and those who voted for them as it wasn't their fault the elections were disrupted. Unfortunately the courts can't ignore the rules just because it doesn't seem fair. Those rules simply weren't designed to deal with a situation like this. The rules are there and they either need to be changed or a way found to hold the elections again.

I think the government were very much at fault.

The EC bent over backwards to try to tell them it was a waste of time and money, and pleaded for a suspension to get things more orderly.

The constitutional court were also brought in to make a decision on whether the election could be delayed, and the court agreed that it could with mutual agreement between the EC and the government.

The government flatly refused and insisted on going on with the elections even amid the turmoil.

Again, they made the worst decision and have now cost this country another 3.8 Bn baht.

Technically, this government should be punished. But yet again the court fails to hand out punishment to the PTP.

We could be looking at another 3.8 Bn wasted, and another election annulled. But I doubt it, because I really can't see the PTP hosting the next one come the day of the new election.

[Crushdepth]

Would be interesting to know what grounds for voiding the elections.

.

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

Courts make decisions based on laws. So why blame the court for this outcome? All the decision shows is that PDRC's technical attack on the election procedure was successful. If you want to assign blame put it there. Edited March 21, 2014 by Crushdepth

[fab4]

Its now plainly obvious just who they support. However this has set a precedence as any party who know they cannot win, just have to boycott the election and cause as much disruption as possible. I guess that the DEMS will just keep doing this as long as it suits them and they have the Constitutional Court in their pocket as they have now..

"However this has set a precedence as any party who know they cannot win, just have to boycott the election and cause as much disruption as possible"

The consequences could be a lot worse than that, how about the insurgents in the deep south? This is an open invitation to them to cause mayhem when the PDRC eventually disappears up its own orifice and shuffles off the political coil.

What better publicity for an insurgency than to stop a national election from taking place with a bomb or two - suthep and the CC have set the bar, well done.

Edited March 21, 2014 by fab4

[Lite Beer]

Citing PCAD Election Blockade, Court Voids 2 Feb Poll

By Khaosod English.

BANGKOK: -- The 2 February general election has been nullified by the Constitutional Court thanks to anti-government protesters' campaign to besiege poll venues and seize ballot equipment.

In a ruling which will likely add more uncertainty to the ongoing crisis in Thailand, the judges ruled that the election result is unconstitutional on the ground that the poll was not held on the same day across the kingdom, as required by Article 108 of the 2007 Constitution.

Majority of the judges - 6 out of 9 - argued that no election was held in 28 southern provinces on 2 February, where protesters led by the People's Committee for Absolute Democracy With the King As Head of State (PCAD) had blockaded numerous poll stations, besieged election registration venues, obstructed the transportation of ballots, and forced the officials of Election Commission (EC) to suspend their duties.

The disruptive campaign was called by PCAD leaders in order to scuttle the 2 February and replace Prime Minister Yingluck Shinawatra with an unelected "People's Council", which would implement series of national reforms before any election is allowed to be held.

Although the election on 2 February was largely peaceful, PCAD had previously launched series of intimidating campaigns to dissuade the voters from casting their ballots during the advanced voting day on 26 January, and attempted to storm the candidate registration venue at Din Daeng Stadium in Bangkok late last year, leading to violent clashes with the police which left several people dead.

Today's verdict will therefore likely anger many supporters of the government, who have viewed the PCAD's anti-election campaigns as a pretext for the court to nullify the 2 February election. Many Redshirts activists have also accused the judicial powers of collaborating with the anti-government protesters to oust Ms. Yingluck.

The verdict does allow for a new election to be held - the judges have instructed the government to "consult" with the EC to arrange another poll - but it is unclear whether a new round of voting will resolve the crisis.

The Democrat Party, the main backer of the PCAD movements, has previously boycotted the 2 February election and stated that it might also boycott another election, citing the need to "reform" the political system first.

Source: http://en.khaosod.co.th/detail.php?newsid=1395385420&section=11&typecate=05

-- Khaosod English 2014-03-13

[Basil B]

As much as want to see the backs of the corrupt and cheating Shinawatwa's, I think this is a bad day for Thailand as it has set a president whereby next time the PTP (or what ever name they are going by at the time) could use the same tactics to nullify an election.

[rubl]

A lot of obfuscation continuing I see. Obviously the Democrat party to blame, and the EC and the NAAC and the Ombudsman of course.

Any one but the Yingluck government who tried to push through a blanket amnesty bill, tried to blame the Senate, tried to absolve themselves of two year misgoverning, tried to push through an election without taking responsibility for the mess they had created.

Next we'll get government spokespeople and Ms. Yingluck saying to respect the ruling and Pheu Thai executives, spokesmen and MP's condemning is still words the ruling. Plus of course a few militant UDD / red-shirts will 'peacefully' battle for their Amply Rich darling.

[johnthompson]

Now that the elections are voided, will pheu thai be held responsible for creating this mess and wasting tax payers money despite being warned many times. This gross incompetence has to have legal consequences.

[wprime]

When the institutions of the state set themselves against the will of the people, there's only ever going to be one outcome. History shows that pitchforks beat bayonets every time.

The election was not reflective of the will of the people and is therefore undemocratic. While this was the Democrat's fault for boycotting it, it is not the fault of the people and they should not have their will silenced just because the only major opposition party is full of crybabies.

[Dogmatix]

I'm having a "not the sharpest tool in the toolbox" moment here fellas, but does this mean that the caretaker Government remains in power until a new election is called for, and completed and that Yingluck will stay put?

It will remain until the courts can find a way to get rid of it. It might be enough for the judges to meat, as the actuall law seems to have very little sway on the rulings...

Part 1 of the big plan was finalized yesterday when getting rid of the senate speaker. This means "they" can get a anti-goverment friendly speaker and no breaks on what happens.

But "they" are in a hurry. There is still a 3:5 majority needed to get rid of the caretaker government. There is a new senate election coming, at that will make it harder to reach that majority. They have less then a week to do this, because thai law says that senators can only sit one time, so any bans will be meaningless when the new senate opens.

Anyway, this ruling is bloody stupid. It caters to one sides wants. It opens a loophole for violating elections from now to forever.

Right now we have a caretaker government that have no interest in remaining caretaker. They need to be a real government, so they need the election.

Now imagine an Abhisit caretaker government. With the courts and various "independent" organizations on their side. There would be laws passed that no caretaker government should be able to, but courts will not oppose. This government would have no interest in losing their caretaker status. Because that would mean an election where they might lose the government position all together. Then you would have a caretaker government with not interest in elections and they could use this mechanism that the CC opened today to remain in office forever.

Welcome to a system where the courts where given too much power. Its definitly not a democracy.

But can you point to anything in the constitution that would have supported any other decision from the court? Their job is to enforce compliance with the constitution and there was no constitutional way to complete the election.

A 60% majority is indeed necessary for impeachment in the Senate but, so far, there is only a possible impeachment case against the PM, not the entire cabinet. So it is unclear what you mean by saying a 3:5 majority is needed to get rid of the caretaker government. They would all need to be impeached for that which is inapplicable in the case of the rice pledging scandal. It would, however, be applicable in the case of the B2.2 bn Borrowing Bill scam because that was a government bill introduced through a cabinet resolution. But no proceedings have been initiated by the NACC in that case, thus far.

[Mackie]

Would be interesting to know what grounds for voiding the elections.

.

Contempt for the democratic wishes of the Thai people.

That's funny. As far as we know the majority of Thais didn't cast their vote. The majority chose their democratic right not to vote and give any credibility to utterlycorrupted regime.They cleraly showed their displeasure with the current thieving lot in charge of a caretaker government. Actually, they should be held accountable for wasting another couple of billions of baht knowing well that the election would eventually be void. Don't blame Thai consitutional court for doing their job.

[Crushdepth]

As much as want to see the backs of the corrupt and cheating Shinawatwa's, I think this is a bad day for Thailand as it has set a president whereby next time the PTP (or what ever name they are going by at the time) could use the same tactics to nullify an election.

Now both parties have got a reason to sit down at the negotiating table.

[Lite Beer]

Constitutional Court annuls Feb 2 general election

BANGKOK, Mar 21 – Thailand’s Constitution Court today decided by six against three votes to nullify the Feb 2 general election, reasoning that a failure to hold the balloting nationwide on the same day as stipulated by the Constitution.

The six judges who ruled to annul the poll were chief judge Charoon Inthacharn, Charan Pakdithanakul, Nurak Mapraneet, Boonsong Kulbuppa, Supoj Kaimuk and Thaweekiat Meenakanit.

The three others who decided in favour of the validity of the poll were Chat Cholavorn, Udomsak Nitimontri and Chalermpol Ek-uru.

Constitutional Court spokesman Pimol Thampithakpong said the balloting failure in 28 constituencies on Feb 2 was in violation of Section 108 (2) of the Constitution which imposes that the general election must be held nationwide in a single day.

He said the Election Commission petition seeking new elections in 28 constituencies where voting could not take place earlier due to the lack of candidates was automatically invalidated.

The anti government protesters of the People's Democratic Reform Committee (PDRC) have blocked candidate registrations in 28 constituencies in eight southern provinces and also caused the forced closure of about 10 per cent of polling stations. (MCOT online news)

-- TNA 2014-03-21

[rubl]

As much as want to see the backs of the corrupt and cheating Shinawatwa's, I think this is a bad day for Thailand as it has set a president whereby next time the PTP (or what ever name they are going by at the time) could use the same tactics to nullify an election.

That would assume a government would try to push through an election just like the Yingluck government tried to. Lots of 'nice' platitudes from Ms. Yingluck on what she could or could not, lots of threats from Pheu Thai MPs and members if the election would not continue. Etc., etc.

[SoilSpoil]

After the 2009 and 2010 Red Songkran mayhem, we might expect a 2014 version coming April! Is Jatuporn leading his lemmings to Bangkok, all with 1 liter of gasoline?

[siampolee]

fab4 post # 69.

What better publicity for an insurgency than to stop a national election from taking place with a bomb or two - suthep and the CC have set the bar, well done.

What better publicity for an insurgency than to stop a government from governing as it should by taking Bangkok hostage with street barriers invading hospitals looting of shops and arson attacks etc also then threatening to burn Bangkok down placing a bomb or two here and there as the Red Shirts did under the sponsorship of Thaksin Shinwatra in 2010 that was the action that set the bar, well done Thaksin Shinwatra and the Red Shirts..

​Come come fab4, never let the true facts distort your red tinted beliefs.

[rreddin]

ok, there would be the next one, with the same effect - reds will win the majority, democrats will be losing support (that even if they contest an election).

dems wanted a new parliament, PM dissolved the house, dems boycotted the election. The reds won, election invalidated by yellow's palls from the court, dems call for boycott of the next poll.

the country is going down the drain, not the government, but courts, agencies and fascist mob on the streets running amok, destroying what is left from the reasonable economic, political and social stability.

The country has gone down the drain courtessy of Suthep and a spineless Democrat Party that runs away from elections because it has nothing to offer the country. They are aided and abeted by institutions that were set up after 2006 to ensure the Dems would and their backers would retain power.

Yet again an election has been stolen from the people because certain elitist interests do not want the people of this country to elect a government of their choosing. Mark my words.The people will not forget and they will not forgive. There are already reports in the international news media saying that the Dems will boycott the next election and Suthep's mob will disrupt it. Those Suthep cheerleaders on this forum should hang their heads in shame. Your man has blown it for the country big time. And it is the ordinary Thai citizen who will suffer because of it.

[NCFC]

How does this ruling allow for the fact there there is advanced voting which does not take place on the same day as the General Election?

I haven't found any mention of AV in the constitution but it exists because it is reasonable to allow AV in certain circumstances. But the ruling of the judges logically means that advanced voting nulls all general elections.

[Gweiloman]

"The Dems have even come out and said they won't contest the new election unless the election system is overhauled to make it fair, and Yingluck stands down... They Know they would win it hands down this time. But are making an ultimate sacrifice of assured victory once again for the good of the nation and democracy"

I'm not normally one for using smileys but ............

Yes, that is because you don't have the position to argue against what you know is the logical truth. That is why you just come up with this stupid and helpless reply.

You just conceded the argument.

The logical truth that everyone (including the anti-PTP faction on this board, but you, it seems) knows or believes that the Dems would most likely not win an election contested on the current constitution.

If you honestly think that any Thai politician would make the ultimate sacrifice for the good of the nation and democracy, you are even more naive than your posts seem to indicate.

[Roadman]

What a circus! The ultimate aim is for Thailand to have a democracy Thai style which is one that the amataya or Bangkok/Army Elite are comfortable with.....

< yawn >

Can we move on from "amart" and "elite" . . . your boss and his cronies are just as much "elite" as anyone else involved in this . . .

I don't know where you think I work, but I have no boss in Thailand, and I think my boss as little or no knowledge of Thai politics. As for my opinion, it is formed over knowing and understanding Thai people of every level from farmers/garbage collectors/cooks/drivers/business men/secretaries/government officials and politicians. There are a huge number of non-Bangkok citizens that feel completely disenfranchised by the ongoing judicial politics. No matter what you say or feel, the heart of Bangkok is not the heart of Thailand, and that is where these people are coming from. Thai politics will continue "Thai Style" and the unspoken influence is a swaying factor that all Thai's consider. The problem is when the masses are disenfranchised I personally worry about Thailand working towards something of the natural of Cambodia in the 1970's, and that we do not want to see. Where is their voice? If it can't be at the poles, where can it be?

With like-minded people who respect the law and the constitution. The Reds rubbish the Amart but yet this current one is not only doing what all the others in the past have been doing but doing it even more big time. 20% pay off at the top for politicians and yes others 10 odd years ago, and now the expected payoff is around 30%. So who is the loser year after year with not only these Thaksin lackeys but also all the others previous. It isn’t the Amart including the Shinawatra's. And not only ripping off the country to on a larger scale but also over riding laws and the constitution. Find worthy leaders who actually give a crap about the Isaan people instead of the Maoist Udon Thani thugs and dictatorial knacker less Dubai criminals that currently are displayed as so called leaders whose only interest is their own needs and not Thailand and its people as a whole.. Until such time as Thaksin lackeys and thugs learn to understand democratic principle and law then they deserve all the grief they are being dished by the courts. Jeez bloody hell...if this was my country these thieving Amart (current and past) were behaving in, they would have been arrested, thrown out of office and imprisoned, and considered lucky that they are living in one of the most democratic countries in the world and not being lined up on a firing squad wall like they deserve to be.

[Scamper]

Anyone reading the constitution should not be in the least bit surprised with this. The constitution states quite clearly that the election is held on one day. Pheu Thai talks about this setting a bad precedent. For what ? For future elections that are held over multiple months time ? So this was an expected decision, and Pheu Thai's reaction was an expected reaction. So now that we know that the constitution is actually binding, perhaps the constitutional process can continue with all the judicial proceedings already underway - the unconstitutional Senate bill is now being further scrutinized by the NACC as well as the rice scheme. In all likelihood, Pheu Thai will call another election. Thaksin feels as though he has the Democratic party in a corner because if they boycott the next election they will face dissolution. All Thaksin has to do is install another family member if Yingluck is impeached, and everything remains exactly as it was - with him completely controlling the system as before. Because of that, the Democratic party has signaled the right decision to boycott the election even as it will lead to the dissolution of their own party. It may or may not work. But it is the right thing to do - to attempt to veer the county in the direction of reform. There is no sense in perpetuating an endless series of Thaksin proxy governments. It's a perversion of democracy, and everyone knows it. For those that defend it, likely you come from a country where it would never be tolerated. It's not meant to happen. It wasn't meant to happen here - that one man - no matter how wealthy - could form his own parties at will and buy his way into power and influence. The Democratic party of Thailand is Thailand's oldest political party. It's a courageous decision on their part. If their last act as a party is to try to steer the country in the direction of reform where a truly fair system is in place - where rules are in place that make it impossible for any man of wealth to control it - then it will have been worth it. For all Thais. It likely has caught Thaksin - who thought he could manipulate things in his favour once again - completely off-guard.

[Gweiloman]

I think the government were very much at fault.

The EC bent over backwards to try to tell them it was a waste of time and money, and pleaded for a suspension to get things more orderly.

The constitutional court were also brought in to make a decision on whether the election could be delayed, and the court agreed that it could with mutual agreement between the EC and the government.

The government flatly refused and insisted on going on with the elections even amid the turmoil.

Again, they made the worst decision and have now cost this country another 3.8 Bn baht.

Technically, this government should be punished. But yet again the court fails to hand out punishment to the PTP.

We could be looking at another 3.8 Bn wasted, and another election annulled. But I doubt it, because I really can't see the PTP hosting the next one come the day of the new election.

It was the protests that cost this country 3.8 bn baht. Why so? Because if there were no protests, the elections would have been held, simple ain't it?

Incidentally, aren't you leaving Thailand today or tomorrow, with or without your dear wife? I would concentrate on finishing my packing rather than typing furiously away on my keyboard. Don't want to miss that plane now would we?

[bkkjames]

I would like to know what happens next.

New Election = May?

Does the current caretaker remain caretaker?

[casualbiker]

Would be interesting to know what grounds for voiding the elections.

.

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

The self same 20 million that voted last time can vote with the other 25 million that DIDN'T vote. So the population still have political choice ...... all presuming that the Democrats actually are in the next election!!

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[winstonc]

What a circus! The ultimate aim is for Thailand to have a democracy Thai style which is one that the amataya or Bangkok/Army Elite are comfortable with.....

< yawn >

Can we move on from "amart" and "elite" . . . your boss and his cronies are just as much "elite" as anyone else involved in this . . .

I don't know where you think I work, but I have no boss in Thailand, and I think my boss as little or no knowledge of Thai politics. As for my opinion, it is formed over knowing and understanding Thai people of every level from farmers/garbage collectors/cooks/drivers/business men/secretaries/government officials and politicians. There are a huge number of non-Bangkok citizens that feel completely disenfranchised by the ongoing judicial politics. No matter what you say or feel, the heart of Bangkok is not the heart of Thailand, and that is where these people are coming from. Thai politics will continue "Thai Style" and the unspoken influence is a swaying factor that all Thai's consider. The problem is when the masses are disenfranchised I personally worry about Thailand working towards something of the natural of Cambodia in the 1970's, and that we do not want to see. Where is their voice? If it can't be at the poles, where can it be?

wow you know so many people..but we can all make up porkies to fit our own agenda and tinsle up a story but to no avail eh.

[casualbiker]

How does this ruling allow for the fact there there is advanced voting which does not take place on the same day as the General Election?

I haven't found any mention of AV in the constitution but it exists because it is reasonable to allow AV in certain circumstances. But the ruling of the judges logically means that advanced voting nulls all general elections.

My take is that advanced voting is kept confidential until ALL the votes are in.. but I may be wrong!

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