Election found invalid by Constitutional Court

[wowpow]

BBC News

Thailand's Constitutional Court has ruled that the recent general election was invalid, and another must be held.

Judge Ura Wangomklang said the court had decided by nine votes to five that the 2 April poll was unconstitutional.

Thailand has been in political limbo since the election, which was called by Prime Minister Thaksin Shinawatra in the face of mounting protests.

The opposition boycotted the poll so not all the seats were filled, which meant parliament could not sit.

Thailand's three courts agreed to rule on the election's validity after a rare intervention by King Bhumibol Adulyadej, who described the situation as a "mess" and said any parliament with no opposition presence would be undemocratic.

Many analysts said that invalidating the election was the only way to move the country forward.

Controversial poll

The crisis began when Mr Thaksin dissolved parliament in February, calling polls in an effort to prove he still had widespread public support despite the regular massive street protests held in Bangkok.

Thai King Bhumibol Adulyadej
The king's comments seem to have been a catalyst for action
His Thai Rak Thai party won 57% of the vote, but millions of Thais cast protest votes and Mr Thaksin announced his decision to step aside a few days later.

But his departure still left many questions - including how to fill the seats left vacant because of the opposition boycott and the deep anti-Thaksin sentiments in many parts of the capital and the south of the country.

Two rounds of by-elections failed to resolve the issue, and when the king stepped in, calling on the judiciary to end the problem, it seemed that the only solution would be to hold fresh elections.

Soon afterwards, the top judges from Thailand's three main judicial institutions - the Supreme, Administrative and Constitutional courts - met to discuss the situation.

It is unclear what their discussions entailed, but analysts predicted that the result would be an annulment.

Now, after considering complaints about a number of minor irregularities, the Constitutional Court has delivered that verdict.

The path ahead, though, is still not clear, according to the BBC South East Asia correspondent Jonathan Head.

The opposition does not want Mr Thaksin to run again for prime minister, but he is considered a key vote winner for Thai Rak Thai, which retains the support of most rural voters.

The main opposition parities, which boycotted the last poll, are also demanding constitutional reforms to strengthen the checks on the prime minister's power.

But they have not specified what changes they expect, and neither is it known how quickly or easily these changes could be agreed.

This now clears the way for Toxin to return as Prime Minister. His flunkeys have already said that his previous announcements related to the April 2 poll only

WHATEVER the "constitution" court decides, bumbling the hasty elections, which were worthless anyway, or now forcing new "elections", cause the first attempt "didn't work", recent history here shows (Taksin's "dismissal" from asset concealment charges) that it is certainly to be only in Taksin's hidden interests. Now the EC is being bashed, obviously to be re-made to work in a certain party's "image". You wonder what corrupt practices, like financing proxy parties and striking fear into voters that their votes would not be private (the placement of voting booths), were NOT uncovered in the hastily forced elections! Taksin knows that "buying" time will never result in fair elections for the opposition. He still fancies himself as being legitamitized or perhaps even reannointed by HM as ruler of an "interim" government. But no worry for him, he is obviously still the man in power ruling Thailand from behind a puff of smoke. That the government appears deficient will result in a crisis where only he could "step" back in. According to the plan, this will afford him dictatorial powers that will enable him to rule all and finally silence all his critics and opposition and finalize free speech censorship.

Remember, Taksin only promised to "take a break" from politics. Maybe he was planning on just a short Songkran break? Could his benefactor Bush have further weakened the dollar for him, which would only make now the time to move more of his baht billions offshore to US Dollar accounts in his other buddy, Tony Blair's, tax sanctuaries? Government has been made a mess by his fast flight to Europe and can't possibly harm his plans and he can relax during his vacations.

But like plan A didn't work, we HOPE that free speech in Thailand will uncover his other political tricks and spoil those as well. But there is always plan Z, life of a VERY rich man on some island in the Carribean far from the difficulties of trying to govern a difficult situation without dictatorial powers. Let's hope the new elections can possibly elect a real leader capable of working with the rest of the country in solving real problems.


Constitution Court invalidate the April election and order new election

The Constitution Court ruled on Monday invalidated the controversial April election and ordered a new election to be held, Court's Secretary General Paiboon Warahapaithoon said.

Eight of the court's 14 judges voted that the polls had been unconstitutional for a variety of reasons, such as the manner in which the ballot booths were placed in a way to compromise voting privacy.

Eight judges who ruled the election is unconstitutional were; Pan Chantarapan, Jira Boonpochanasoonthorn, Noppadol Hengcharoen, Preecha Chalermwanich, Mongkol Sara-an, Saowanee Assawaroj, Apai Chantanajullaka and Ura Wang-ormklang.

Six other judges who ruled that the April 2 election was conducted properly and legitimate were; Sak Techacharn, Pol Gen Suwan Suwanvechoe, Manit Wittayatem, Jumpol na Songkhla, Suthee Suthisomboon and Suwit Theerapong.

The court also voted 9-5 that a new election should be held, Paiboon said at a press conference.

The nine judges were Jira Boonyapochanasoonthorn, Noppadol Hengcharoen, Preecha Chalermwanich, Mongkol Sara-an, Manit Wittayatem, Saowanee Assawaroj, Apai Chantanajullaka, Ura Wang-ormklang and Pan Chantarapan.

The five others Sak Techacharn, Suwan Suwanvechoe, Jumpol na Songkhla, Suthee Suthisomboon and Suwit Theerapong.

In past cases, Pan has repeatedly voted in favour of the government of Caretaker Prime Minister Thaksin Shinawatra.

Meanwhile leading opposition party, the Democrats, who boycotted the April 2 polls, said they are now ready to contest a new election.

"We are preparing for the new election, but we still have no details on the election day," said Democrat spokesman Ong-art Klampaiboon.

The historic ruling came after two groups of people filed complaints with Constitution Court, alleging that the election is unconstitutional.

The complaints -- filed by a Thammasat University law lecturer and the People's Network for Elections, a Thai watchdog -- argue that the April 2 date was chosen unfairly, that the winners were improperly certified, and that the ruling party had financed campaigns by fringe groups.

The most serious issue was that the ballot booths were placed in a way to compromise voting privacy despite the fact that the constitution stipulate that the voting has to be direct and secret.

When the meeting of judges began at the 10am, about 20 protesters standing outside the court room called on members of the election commission to resign.

The sitting of the judges today on the issues came after HM the King suggested senior judges from the Supreme Court, Supreme Administrative Court and Constitution Court to launch deliberation on a series of cases to determine the legality of Thailand's April 2 snap election which has led to widespread political confusion.

In an audience with newly appointed judges to the Supreme Court and Supreme Administrative Court, HM the King said it was the duty of the judiciary to find a way out of the country's looming constitutional crisis, caused by a highly peculiar snap election held earlier this month.

The Nation

WHATEVER the "constitution" court decides, bumbling the hasty elections, which were worthless anyway, or now forcing new "elections", cause the first attempt "didn't work", recent history here shows (Taksin's "dismissal" from asset concealment charges) that it is certainly to be only in Taksin's hidden interests. Now the EC is being bashed, obviously to be re-made to work in a certain party's "image". You wonder what corrupt practices, like financing proxy parties and striking fear into voters that their votes would not be private (the placement of voting booths), were NOT uncovered in the hastily forced elections! Taksin knows that "buying" time will never result in fair elections for the opposition. He still fancies himself as being legitamitized or perhaps even reannointed by HM as ruler of an "interim" government. But no worry for him, he is obviously still the man in power ruling Thailand from behind a puff of smoke. That the government appears deficient will result in a crisis where only he could "step" back in. According to the plan, this will afford him dictatorial powers that will enable him to rule all and finally silence all his critics and opposition and finalize free speech censorship.

Remember, Taksin only promised to "take a break" from politics. Maybe he was planning on just a short Songkran break? Could his benefactor Bush have further weakened the dollar for him, which would only make now the time to move more of his baht billions offshore to US Dollar accounts in his other buddy, Tony Blair's, tax sanctuaries? Government has been made a mess by his fast flight to Europe and can't possibly harm his plans and he can relax during his vacations.

But like plan A didn't work, we HOPE that free speech in Thailand will uncover his other political tricks and spoil those as well. But there is always plan Z, life of a VERY rich man on some island in the Carribean far from the difficulties of trying to govern a difficult situation without dictatorial powers. Let's hope the new elections can possibly elect a real leader capable of working with the rest of the country in solving real problems.


Constitution Court invalidate the April election and order new election

The Constitution Court ruled on Monday invalidated the controversial April election and ordered a new election to be held, Court's Secretary General Paiboon Warahapaithoon said.

Eight of the court's 14 judges voted that the polls had been unconstitutional for a variety of reasons, such as the manner in which the ballot booths were placed in a way to compromise voting privacy.

Eight judges who ruled the election is unconstitutional were; Pan Chantarapan, Jira Boonpochanasoonthorn, Noppadol Hengcharoen, Preecha Chalermwanich, Mongkol Sara-an, Saowanee Assawaroj, Apai Chantanajullaka and Ura Wang-ormklang.

Six other judges who ruled that the April 2 election was conducted properly and legitimate were; Sak Techacharn, Pol Gen Suwan Suwanvechoe, Manit Wittayatem, Jumpol na Songkhla, Suthee Suthisomboon and Suwit Theerapong.

The court also voted 9-5 that a new election should be held, Paiboon said at a press conference.

The nine judges were Jira Boonyapochanasoonthorn, Noppadol Hengcharoen, Preecha Chalermwanich, Mongkol Sara-an, Manit Wittayatem, Saowanee Assawaroj, Apai Chantanajullaka, Ura Wang-ormklang and Pan Chantarapan.

The five others Sak Techacharn, Suwan Suwanvechoe, Jumpol na Songkhla, Suthee Suthisomboon and Suwit Theerapong.

In past cases, Pan has repeatedly voted in favour of the government of Caretaker Prime Minister Thaksin Shinawatra.

Meanwhile leading opposition party, the Democrats, who boycotted the April 2 polls, said they are now ready to contest a new election.

"We are preparing for the new election, but we still have no details on the election day," said Democrat spokesman Ong-art Klampaiboon.

The historic ruling came after two groups of people filed complaints with Constitution Court, alleging that the election is unconstitutional.

The complaints -- filed by a Thammasat University law lecturer and the People's Network for Elections, a Thai watchdog -- argue that the April 2 date was chosen unfairly, that the winners were improperly certified, and that the ruling party had financed campaigns by fringe groups.

The most serious issue was that the ballot booths were placed in a way to compromise voting privacy despite the fact that the constitution stipulate that the voting has to be direct and secret.

When the meeting of judges began at the 10am, about 20 protesters standing outside the court room called on members of the election commission to resign.

The sitting of the judges today on the issues came after HM the King suggested senior judges from the Supreme Court, Supreme Administrative Court and Constitution Court to launch deliberation on a series of cases to determine the legality of Thailand's April 2 snap election which has led to widespread political confusion.

In an audience with newly appointed judges to the Supreme Court and Supreme Administrative Court, HM the King said it was the duty of the judiciary to find a way out of the country's looming constitutional crisis, caused by a highly peculiar snap election held earlier this month.

The Nation