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Thai Constitutional Court voids February election


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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?

1 Item alone rice scam-----government lost us 600Billion + so the protests were about this mega loss, hence the government were responsible for all the protests.

If your brilliant you do not -never get protests---If you flout the law and have no accounts for many projects you are bound to get them.

After all it was 2+years before anyone plucked up enough nerve to challenge YOUR so called government.

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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.

You and six judges are incorrect in your interpretation of the law.

Section 108 includes this line:

"Dissolution of the House of Representatives is made through a Royal Decree in which the day for new general election must be fixed within 60 days and the election date must be the same throughout the Kingdom. "

So it is saying what the royal decree must state. And the RD clearly stated elections are to take place on Feb 2nd. So the RD was valid. This then allows for advanced voting to take place on a different date without nulling the validity of the election.

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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!

Sent from my XT1032 using Thaivisa Connect Thailand mobile app

Even if the results of the advanced voting is kept confidential, it still "breaks the law" (as claimed by some posters) of having voting taking place on the SAME day.

See how ridiculous this ruling is?

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Not a surprise, but another depressing step in the downward spiral. a system that creates perverse incentives for minorities to breach the spirit of the constitution in the name of maintaining it, will not endure for very long. Thailand also has a lot to learn about the doctrine of the separation of powers. Some will be thinking that fundamental reform is indeed needed and that the structures created by the 2006 coup are a major part of the problem.

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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?

1 Item alone rice scam-----government lost us 600Billion + so the protests were about this mega loss, hence the government were responsible for all the protests.

If your brilliant you do not -never get protests---If you flout the law and have no accounts for many projects you are bound to get them.

After all it was 2+years before anyone plucked up enough nerve to challenge YOUR so called government.

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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!

Sent from my XT1032 using Thaivisa Connect Thailand mobile app

You may well be right, but isn't this also true that Feb 2nd results are being kept confidential. And even if the results are or are not a secret advanced voting still flies as contrary to this ruling.

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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?

Considering the last meetings of the red shirts at least it won't be many people....

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You and six judges are incorrect in your interpretation of the law.

Section 108 includes this line:

"Dissolution of the House of Representatives is made through a Royal Decree in which the day for new general election must be fixed within 60 days and the election date must be the same throughout the Kingdom. "

So it is saying what the royal decree must state. And the RD clearly stated elections are to take place on Feb 2nd. So the RD was valid. This then allows for advanced voting to take place on a different date without nulling the validity of the election.

Sorry, I will bet on the 6 judges knowing more about this than you.

Don't forget that there were also 3 judges who agrees with NCFC's point. Just because the "majority" ruled thus, does not necessarily make it right, as your side of the fence like to say over and over again.

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Can one of the paranoid reds or their trolls please advise those of us who want to know, who or what are the Amart/amataya or whatever this Bangkok Elite is, you keep banging on about?. None of those vague Lord of the Rings or Harry Potter conspiracy theories or acronyms. Give us names please. Some of us poor confused non-believers (in conspiracy theories) want to know. Why are you so reluctant to name names? And I am sure that there are many people you are thinking of, other than "they who cannot be named for TVF and other legal reasons", So, let's have the names. Be brave now. I have said please several times.

While you are at it, you can also please define the major differences that upset you so much, between the Bangkok Elites (who-ever they are) and the Chiangmai elites (The Shinawatra clan & their cronies) There! I know who the Chiangmai elites are. There is no secret there.

P.S. If there are no names, then you are just repeating rumours & that is not only stupid, but it can also get you banned from TVF.

Even a private message would be helpful so I can at least see you are not just repeating Chinese Whispers.

Replace the word amart with the word hiso, and you realise how disingenuous your statement is. There are hundreds of books on the amart.

Do you have a concise list of who are the "upper crust" of the UK?

The chiangmai elite, is not elite by Bangkok standards and never will be. Did you know.there was another PM from Chiangmai before Thaksin. He was extremely short lived. Rumor has it that the Shinawatras were intimately connected business wise with that family.

That might go a long way to explaining the lack of respect accorded thaksin in Bangkok and his zeal in trying to eradicate drugs.

But you must have an opinion on who the Bangkok Amart is... after all, the PTP aligned forum members spout off about it daily... who are they reffering to?

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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!

Sent from my XT1032 using Thaivisa Connect Thailand mobile app

Even if the results of the advanced voting is kept confidential, it still "breaks the law" (as claimed by some posters) of having voting taking place on the SAME day.

See how ridiculous this ruling is?

See how ridiculous was the idea of pursuing the election at all cost in the first place? If I remember well, the EC suggested delaying the election but the caretaker goverment stubbornly refused any cooperation. As long as Thai government is run by a convicted criminal via social media there is no end to Thailand's political crisis. It's not nuclear science, is it?

Edited by Mackie
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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.

You and six judges are incorrect in your interpretation of the law.

Section 108 includes this line:

"Dissolution of the House of Representatives is made through a Royal Decree in which the day for new general election must be fixed within 60 days and the election date must be the same throughout the Kingdom. "

So it is saying what the royal decree must state. And the RD clearly stated elections are to take place on Feb 2nd. So the RD was valid. This then allows for advanced voting to take place on a different date without nulling the validity of the election.

Sorry, I will bet on the 6 judges knowing more about this than you.

I suppose you think the three dissenting judges have no legal expertise

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You and six judges are incorrect in your interpretation of the law.

Section 108 includes this line:

"Dissolution of the House of Representatives is made through a Royal Decree in which the day for new general election must be fixed within 60 days and the election date must be the same throughout the Kingdom. "

So it is saying what the royal decree must state. And the RD clearly stated elections are to take place on Feb 2nd. So the RD was valid. This then allows for advanced voting to take place on a different date without nulling the validity of the election.

Sorry, I will bet on the 6 judges knowing more about this than you.

Don't forget that there were also 3 judges who agrees with NCFC's point. Just because the "majority" ruled thus, does not necessarily make it right, as your side of the fence like to say over and over again.

They probably disagreed for some other reason than NCFC's point.

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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.

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.

What dream are you bs about

The REDS WON

The Red won what ?

The never won the election in 2014

In fact the village I stay in with my Thai Family when on the previous election all wanted Yingluck

This time around where against her

Please show us where the Reds wone the election this year, or you need to go back to sleep

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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.

No, rubl, this judgement allows anyone with an agenda to disrupt the elections and get them nullified.

What do you mean "push through an election"? Ridiculous statement. The dissolution was announced, the election was held in the timescale dictated by the constitution. Is that too "rushed" for you? suthep and his anti democrats vowed to disrupt the election and they succeeded in his stronghold states. How do you legislate for your chosen one?

"This election will never happen because we the people don't want it," Mr. Suthep

What would have happened if the Thammasat Uni lecturer hadn't been encouraged to raise this issue through the CC - the elections would have stood as constitutional? The CC would have ruled the elections as unconstitutional themselves if they thought they were, surely, isn't that their job? They shouldn't have to rely on members of the public with a specific political agenda to bring their attention to it.

Welcome to the land where everything needs to be reformed apart from the judiciary - why is that do you think?

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

Sent from my XT1032 using Thaivisa Connect Thailand mobile app

Even if the results of the advanced voting is kept confidential, it still "breaks the law" (as claimed by some posters) of having voting taking place on the SAME day.

See how ridiculous this ruling is?

See how ridiculous was the idea of pursuing the election at all cost in the first place? If I remember well, the EC suggested delaying the election but the caretaker goverment stubbornly refused any cooperation. As long as Thai government is run by a convicted criminal via social media there is no end to Thailand's political crisis. It's not nuclear science, is it?

You obviously don't have a big picture grasp of the technicalities at hand.

If the caretaker government would have agreed to the delay as suggested by the EC, then the 60 day deadline would have definitely been breached and the elections would have definitely been invalidated and that would have been seen as the PTP falling flat on their own faces.

This way, it is clear to all independent observers that the mechanisms of the courts are sinister, to say the least.

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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.....

< 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?

So jayjayjayjayjayjayjayjayjayjayjayjay . . . you do seem to ramble on at a bit of a tangent sometimes, introducing that rather boring red propaganda rhetoric at every opportunity.

As a rabid "red" supporter, I would have thought you would have known "your boss" is Thaksin himself, a man that is as elite as they come in terms of being "above the rest" of you/us, although unless you have something he personally can gain from being your "friend" you probably won't ever meet him. But that's OK, he loves you anyway and has your best interests at heart.

I never claimed Bangkok was the heart of anything (you brought that up . . . again), other than the fact that it is (at the moment) the capital of Thailand, although if Thaksin has anything to do with it it seems that Chiang Mai will soon be the capital of your own little Shinland. Oh wait, I'm sorry, I'm wrong . . . that would be too small, he's still trying for Thaksinland, where everything is free, everyone is happy and the masses don't need to work anymore due to the populist policies being so successful.

You mention how you know and understand the "Thai people" so well . . . well, surprise, surprise, you're not the only one who has friends from the lowest to the highest scattered all over Thailand. So what? The disgust and contempt that so many feel for PT/UDD/Thaksin are not just from those people in Bangkok, but rather spread all over the country now. Your little red book might not have mentioned that fact, and you might remember that if you only associate with people with similar beliefs, or your wife, you're going to get very skewed information.

And please explain who these "disenfranchised" people are that you refer to and why they are "disenfranchised" . . . I'm curious. I thought their voice was heard at the most recent (incomplete) polling that your side claimed was a huge success returning a massive majority for PT (again), when in reality the majority chose either not to vote or to cast a no vote.

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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.

You and six judges are incorrect in your interpretation of the law.

Section 108 includes this line:

"Dissolution of the House of Representatives is made through a Royal Decree in which the day for new general election must be fixed within 60 days and the election date must be the same throughout the Kingdom. "

So it is saying what the royal decree must state. And the RD clearly stated elections are to take place on Feb 2nd. So the RD was valid. This then allows for advanced voting to take place on a different date without nulling the validity of the election.

Sorry, I will bet on the 6 judges knowing more about this than you.

I suppose you think the three dissenting judges have no legal expertise

I am sure they do. Perhaps they are in grenade avoidance mode.

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

Sent from my XT1032 using Thaivisa Connect Thailand mobile app

Even if the results of the advanced voting is kept confidential, it still "breaks the law" (as claimed by some posters) of having voting taking place on the SAME day.

See how ridiculous this ruling is?

See how ridiculous was the idea of pursuing the election at all cost in the first place? If I remember well, the EC suggested delaying the election but the caretaker goverment stubbornly refused any cooperation. As long as Thai government is run by a convicted criminal via social media there is no end to Thailand's political crisis. It's not nuclear science, is it?

You obviously don't have a big picture grasp of the technicalities at hand.

If the caretaker government would have agreed to the delay as suggested by the EC, then the 60 day deadline would have definitely been breached and the elections would have definitely been invalidated and that would have been seen as the PTP falling flat on their own faces.

This way, it is clear to all independent observers that the mechanisms of the courts are sinister, to say the least.

Just a thought . . . perhaps they should have consulted with the EC BEFORE dissolving Parliament . . . then they could have done things within the law instead of (again) working outside it.

And in case you hadn't noticed, PTP need no help to fall flat on their own faces . . . for as long as they solely listen to that one voice over Skype instead of the people that actually know the laws and the constitution here, this is what's going to happen.

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Even if the results of the advanced voting is kept confidential, it still "breaks the law" (as claimed by some posters) of having voting taking place on the SAME day.

See how ridiculous this ruling is?

See how ridiculous was the idea of pursuing the election at all cost in the first place? If I remember well, the EC suggested delaying the election but the caretaker goverment stubbornly refused any cooperation. As long as Thai government is run by a convicted criminal via social media there is no end to Thailand's political crisis. It's not nuclear science, is it?

So now an election is being talked about being held in May - but of course that depends on suthep and his Lumpini loiterers or whoever else feels they have an agenda, southern insurgents, for example, looking for publicity for their "cause".

The CC, well six members of, have declared open season on Thai Elections.

"This election will never happen because we the people don't want it," Mr. Suthep

"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," protest leader Suthep Thaugsuban told supporters late on Thursday.

The man is an affront to democracy.

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