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Charter court rejects EC petition on seat method


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Charter court rejects EC petition on seat method

By The Nation

 

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Twenty-one small political parties, grouped under the banner of “United for Nation Building” and led by Power of Faith Party leader General Anant Boonrampai, third from left, meet outside the Constitutional Court yesterday

 

The Constitutional Court yesterday rejected a petition by the Election Commission (EC) seeking its ruling on the method of calculating and allocating party-list seats.

 

The court’s decision is seen as a setback for the poll agency as it must now resolve the seat-calculation formula without violating the Constitution, and that could lead to a delay in forming the new government.

 

The court ruled 7:2 that it was the EC’s responsibility to calculate the seats, which it needed to do after endorsing the constituency MP results.

“Since the facts showed that the petitioner had yet to use its authority [to calculate] as stated by law, a problem related to its duty and authority has yet to occur. Hence, the court is not authorised to offer an opinion,” the court statement said. 

 

The EC will meet today to discuss the dismissal.

 

The EC earlier this month submitted the case to the court after days of disagreement and debate over the calculation method to be used for calculating the party-list MP seats. 

 

The EC conceded that its preferred formula may not meet constitutional requirements, but said that other calculations would not enable it to fill all 150 party-list seats. 

 

“It will not be easy for the EC [to finish the calculation] and chaos is expected,” said Yuthaporn Issarachai, a political scientist from Sukhothai Thammathirat Open University.

 

“The agency needs to be prepared for any possible lawsuits that might occur after its calculation.”

 

Yuthaporn said it would take a while for the EC to finalise and announce the official results and that would mean a delay in forming the next government.

 

It is now a month since the March 24 election, but the calculation method for party-list MP seats remains unresolved, a dilemma that could affect the possibility of any bloc being able to form a coalition government.

 

Based on unofficial results, both the anti-junta and pro-junta camps are neck and neck in total MPs counts – the Pheu Thai-led group has 252 MPs and the Phalang Pracharat-led bloc is expected to find 248 supporters.

 

The World Bank yesterday expressed concern over the delay in forming the new government after the inconclusive outcome of the general election and suggested it could affect investment confidence.

 

The bank said that near-term growth projections assume that the government will deliver on its planned public infrastructure projects, with the pace scheduled to accelerate in 2019 and pick up further in 2020 as those related to the Eastern Economic Corridor are implemented.

 

In a related development, the EC yesterday issued an “orange card” to Surapon Kietchaiyakorn, a Pheu Thai candidate, for allegedly buying votes in his parliamentary seat in Chiang Mai province.

 

This is the first card the EC has issued to a candidate since the general election.

 

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Surapon

 

Under the laws, a candidate who is given the orange card will lose their electoral rights for one year. A re-election would be held and all votes received by parties in the March 24 election annulled. 

 

According to unofficial EC results, Surapon won the most constituency votes with 52,165 votes, but he will be disqualified from running in the rerun of the election.

 

The EC will ask the Supreme Court for the election rerun, which is expected to be held after May 9, the deadline the EC needs to meet to endorse the constituency MP results, according to Sawang Boonmee, EC’s deputy secretary-general.

 

Sawang said the EC would also press criminal charges against Surapon.

 

Surapon, meanwhile, said he had already learned of the EC’s decision and was waiting for an official notification. 

 

He admitted that he had donated Bt2,000 and a wall clock to a monk at a religious event during the campaign period, something he said he had done on many occasions. He added that the monk in question had already testified to the EC. 

 

“I am still in good spirits. I believe this issue is politically motivated, as the EC could have given me a yellow card, which would have allowed me to re-run.

 

However, it issued an orange card to prevent me from contesting again,” he said in a telephone interview. 

 

Source: http://www.nationmultimedia.com/detail/breakingnews/30368316

 

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-- © Copyright The Nation 2019-04-25
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2 hours ago, webfact said:

a problem related to its duty and authority has yet to occur. Hence, the court is not authorised to offer an opinion,” the court statement said. 

pure thai logic; an inept EC admits it cant do it's job and asks for help, and the court says:'no problem, bye'

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This is all deliberate - to drag things out.

Just as the 'election' was delayed, delayed, delayed - year after year after year - so now the 'new government' will be delayed and delayed.

But of course meantime the junta will de facto continue its wise and wonderful work for the benefit of each and every Thai in the land.

By golly, it makes one feel proud to be part of this gloriously ethical and upright nation  ...

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So the election commission does not know how to allocate seats based on the electoral results -  Basically the EC is not fit for purpose, This is the same as a teacher not being able to give a student a grade based on their test results. Couldn't organize a prayer in a mosque.  

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4 hours ago, Eligius said:

This is all deliberate - to drag things out.

Just as the 'election' was delayed, delayed, delayed - year after year after year - so now the 'new government' will be delayed and delayed.

But of course meantime the junta will de facto continue its wise and wonderful work for the benefit of each and every Thai in the land.

By golly, it makes one feel proud to be part of this gloriously ethical and upright nation  ...

 

I don't think it's a deliberate act to drag things out. More a case of someone trying to pass the buck and not be in a position to be held responsible and accountable for doing their job.

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13 hours ago, Orton Rd said:

Only from 11am-2pm and 5pm- 12 ????

The fact is the piss up in the Brewery statement is quite inappropriate for Thailand. If necessary the Thais could organise a piss up in a Brewery , but every day in the year they demonstrate that no brewery is needed as they are so proficient at organising parties at the drop of a hat

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