EC Petitions Constitutional Court Over Supreme Court MP Qualification Jurisdiction

The Election Commission voted 5-2 to petition the Constitutional Court to interpret the Supreme Court's authority to rule on MP qualifications that have already been decided. On November 3, 2026, the EC reported it had met to consider progress on submitting a petition to the Supreme Court regarding previous MP election cases. The EC had previously voted to refer 77 people, including 26 current MPs, to the Supreme Court for criminal proceedings. At the meeting, the EC voted 5-2 to prepare an urgent petition to the Constitutional Court seeking rulings on two issues: first, whether orders by election directors at district, provincial, and national levels accepting MP candidates and announcing candidate lists — deeming them qualified and not prohibited — are final and cannot be reviewed except in cases under the Constitutional Court's specific jurisdiction under Article 63 of the Organic Act on the Acquisition of MPs B.E. 2561. Second, whether the EC's own rulings dismissing cases under Article 60 paragraph two and Article 62 of the same Act are final and cannot be appealed to the Supreme Court for review. The issue arose when candidates and eligible voters filed petitions with the Supreme Court asking it to review the qualifications of five candidates and to review the EC's dismissal rulings. The Supreme Court accepted all three cases and ordered responses and witness hearings. The EC views the Supreme Court's acceptance of these petitions as exceeding its authority, overstepping to review qualifications and review EC rulings that are already final, creating a constitutional dispute over the scope of powers between institutions. The EC cites Article 224 of the Constitution, which designates the EC as an independent body with direct duties and powers to administer, control, and oversee MP elections for honesty and fairness, including investigation and announcement of results. The Organic Act on the Acquisition of MPs B.E. 2561 grants the Supreme Court authority only in specific cases: when a candidate is ordered not to be accepted or is removed from the list by the election director, when elections at various levels violate the law under Article 44, or when the EC itself petitions the Supreme Court to revoke candidacy or voting rights under Articles 60 and 62. No provision grants the public or candidates the right to petition the Supreme Court to review qualifications of those already accepted or to review EC dismissal rulings. The EC references Constitutional Court rulings No. 52/2546 and 14/2566, which established that the EC's exercise of investigative and adjudicative power is final unless it restricts rights and liberties, and therefore cannot be challenged, reviewed, or examined by judicial bodies.