EC Petitions Constitutional Court Over Senate Election Authority Dispute
The Election Commission voted 5-2 to petition the Constitutional Court for a ruling on its authority versus the Supreme Court in Senate election disputes, specifically whether EC qualification rulings are final. The move follows the Supreme Court accepting petitions to review 77 Senate candidates, which the EC considers an overreach. Critics argue the EC is trying to delay proceedings and shield allies, potentially deepening the constitutional crisis over the controversial Senate selection process.
The Election Commission (EC) met to consider the Senate election case regarding the submission of a petition to the Supreme Court's Election Division to pursue criminal charges against 77 individuals. Among them are 26 people currently serving as senators. The meeting voted 5 to 2 to prepare an urgent petition to the Constitutional Court to rule on two issues. First, when election directors at the district, provincial, and national levels issue candidate acceptance orders and no disqualification characteristics exist, such orders shall be considered final and not subject to review, except in cases falling under the Constitutional Court's adjudication authority, particularly under Section 63 of the Organic Act on the Acquisition of Senators. Second, when the EC issues a ruling on a petition under Section 60, paragraph two, and Section 62 of the Organic Act on the Acquisition of Senators, the EC's ruling shall be considered final, and no petition may be submitted to the Supreme Court to request review or reconsideration of the ruling.
Regarding the reasons for the EC's decision to petition the Constitutional Court, news reports indicate that candidates and eligible voters had filed petitions with the Supreme Court to examine candidate qualifications and voter eligibility. The EC views the Supreme Court's acceptance of these petitions as an exercise of power beyond its jurisdiction, overstepping to review qualifications and re-examine the EC's final rulings, thereby creating a problem concerning the scope of duties and powers between constitutional organs.
Additionally, the EC cited Section 224 of the Constitution, which states that the EC is an independent organization with direct duties and powers to administer, control, and oversee Senate elections to ensure honesty and fairness, including the power to investigate, inquire, and announce results. Another reason cited is that under Section 60, paragraph two, and Section 62 of the Organic Act on the Acquisition of Senators, no provision grants the public the power to request a review of the qualifications of those already accepted, or to ask the Supreme Court to review the EC's dismissal of a petition.
Meanwhile, a group of reserve senators submitted a letter to the EC demanding a review and cancellation of the resolution that intends to refer the matter to the Constitutional Court for a definitive ruling on powers and duties in considering qualifications and conducting Senate elections. They view this behavior as a delaying tactic and an attempt to use the Constitutional Court to undermine the Supreme Court's authority to whitewash and benefit certain parties.
The EC's resolution has drawn widespread criticism regarding the Senate election case, which previously sparked controversy when the EC forwarded only 77 names out of 229 accused individuals. Therefore, the EC should carefully consider whether to refer the matter to the Constitutional Court. Although it remains unknown whether the Constitutional Court will accept the case, the EC's stance will likely escalate the Senate election dispute further.
