Constitutional Court Upholds 20-Year Election Ban
Thailand's Constitutional Court upheld a 20-year election ban for candidates lacking required qualifications, rejecting a legal challenge that the penalty violates constitutional rights to political participation.
On August 5, 2025, the Constitutional Court convened to hear a constitutional challenge from defendant Kiattikhun Suknet regarding two criminal cases referred by the Court of Appeal Region 2. The challenge questioned whether Section 120 of the Local Administration Election Act of 2019—specifically the provision imposing a 20-year electoral disqualification—violates Article 26, Paragraph 1 of the Constitution.
The Constitutional Court ruled by a 7-1 majority that Section 120 of the Local Administration Election Act does not violate or contradict Article 26, Paragraph 1 of the Constitution. The seven judges in the majority were Udom Sittiwiratchdharm, Chiraniti Hawanon, Naphadol Theppithaak, Banjong Sak Wongprachai, Udom Ratchamrit, Sumet Roikul Charoen, and Sarawut Songsilawai.
Judge Wirun Saengthian dissented, arguing that the 20-year disqualification provision does conflict with Article 26, Paragraph 1 of the Constitution.
Section 120 of the Act stipulates that candidates who knowingly lack required qualifications or possess disqualifying characteristics face imprisonment of 1 to 20 years and fines of 20,000 to 200,000 baht, with electoral rights disqualified for 20 years. The court noted that Article 26 of the 2560 Constitution requires that laws limiting individual rights and freedoms comply with constitutional conditions, follow the rule of law, impose proportionate restrictions, preserve human dignity, and provide clear justification for any limitations.
