Appeal Court Rules Citizens Can Sue EC Over Senate Fraud
The Court of Appeal has ruled that citizens can sue Election Commission officials in the Criminal Court for Corruption and Misconduct over alleged fraud in the 2024 Senate election. The landmark decision, praised by Chart Pattana Party leader Thawi Sodsong, affirms that the case affects popular sovereignty and upholds the principle that no one is above the law.
On November 7, 2026, Pol. Lt. Col. Thawi Sodsong, a party-list MP and leader of the Chart Pattana Party, posted on Facebook about the Senate election fraud case. He noted that the judiciary has opened the door for injured parties to access justice. On November 6, 2026, the President of the Court of Appeal issued ruling No. Wor Thor 27/2026, stating that a lawsuit filed by an injured party against the Election Commission Secretary-General and commissioners falls within the jurisdiction of the Criminal Court for Corruption and Misconduct.
The plaintiff is Pongsakorn Thangkittikul, a candidate for senator in Group 2 (Law and Justice Process), number 71, who was elected at the national level and placed fourth on the reserve list on June 27, 2024. Just one day after the national election, Pongsakorn filed a complaint with the EC alleging fraud or corruption in the senator selection at the IMPACT Forum Muang Thong Thani in Nonthaburi province.
The plaintiff claimed direct harm from an election that may not have been honest or fair, citing standing to sue under Section 2(4) of the Criminal Procedure Code and Section 88 of the Organic Act on the Acquisition of Senators 2018.
The core of the complaint alleges that the EC ignored the complaint and delayed by establishing the 36th Fact-Finding Subcommittee, even though the Central Investigation and Adjudication Committee, Subcommittee 26, had gathered witnesses and evidence and issued opinions on 229 accused individuals. The plaintiff viewed this as conduct falling under evasion of duty under Section 32 and affecting his rights as an injured party under Section 88.
The plaintiff sued EC Secretary-General Saeng Boonmee and eight commissioners, later withdrawing against two commissioners identified as the minority bloc, leaving six defendants: the Secretary-General and five commissioners described as the majority bloc. The suit targets the individuals in their official capacity, not the EC as an organization directly.
The heart of the lawsuit is that those duty-bound to uphold the integrity and fairness of the election have become defendants accused of neglecting or performing their duties dishonestly.
The plaintiff alleged the EC refused to accept key evidence from the Department of Special Investigation (DSI), including financial trails, money transfer records, phone contact data, and forensic evidence that could link individuals accused of involvement in the senator election fraud network.
The plaintiff submitted a letter of objection requesting reconsideration on January 21, 2026, before the EC issued a letter dated March 11, 2026, rejecting the request.
Another legal issue concerns Section 62, which requires the EC to petition the Supreme Court when there is "credible evidence" that a candidate or any person committed corruption or was aware of acts making the election dishonest or unfair. The plaintiff contends this threshold differs from the standard of proof for criminal conviction.
The Court of Appeal President's ruling No. Wor Thor 27/2026 is significant for the rule of law, addressing the rights of those harmed by corruption in acquiring senators, which affects the sovereign power of the Thai people under Constitution Section 3, reasoning that every citizen, including the plaintiff, is an injured party.
