Election Commission Clashes With Supreme Court Over Senator Qualifications
Thailand's Election Commission voted 5-2 to petition the Constitutional Court over whether the Supreme Court can review senator candidate qualifications, arguing its own certification of candidates is final. The Supreme Court rejected the EC's request to suspend qualification cases, noting the EC had not yet filed the Constitutional Court petition, and proceeded with witness examinations. The Court is also reviewing two reserve senators — a pork vendor and a noodle vendor — who may have registered in the wrong occupational group, with a ruling expected in December. The EC itself may face lawsuits for alleged bad faith.
The senator qualification dispute has reignited as a major controversy. At an Election Commission meeting, a 5-2 majority voted to prepare an urgent petition to the Constitutional Court seeking interpretation of whether the Supreme Court has authority to rule on voter and candidate qualifications and disqualifications. The EC maintains that once district, provincial, and national election directors have issued orders accepting nominations and announcing candidate lists as qualified and not disqualified, those orders are final and cannot be reviewed — except in cases under the Constitutional Court's jurisdiction, citing Section 63 of the Organic Act on the Acquisition of Senators. The EC also views the Supreme Court's acceptance of such petitions as exceeding its authority, overstepping to review qualifications and overturning the EC's final rulings, creating a constitutional issue over institutional powers and duties. The EC then immediately filed a request with the Supreme Court to suspend the qualification cases pending the Constitutional Court's interpretation. However, the Supreme Court found the EC had only passed a resolution to refer the legal question but had not yet filed it, so dismissed the suspension request for lack of grounds. Not only that, the Supreme Court also scheduled witness examinations for both plaintiffs and defendants in the qualification cases. Meanwhile, the Supreme Court's Election Division continues examining evidence in cases filed by reserve senators Daeng and Somphan Phalasak — two prominent figures from the Amnaj Charoen faction — who registered as senator candidates. Senator Daeng is a pork vendor, while Senator Somphan is a noodle vendor; both should fall under the independent or merchant occupational group, yet the EC certified them as candidates in the 'other business operators' group. A ruling is expected in December, with high anticipation. The EC itself may face lawsuits as well. After the President of the Court of Appeals pointed this out, every citizen — including plaintiffs damaged by the senator dispute — has the power to sue directly in courts of first instance if the EC is found to have acted in bad faith. It is believed another lawsuit will follow soon. Ultimately, the EC's move to ask the Constitutional Court to interpret the Supreme Court's authority means the EC itself will be scrutinized through the judicial process. What goes around comes around.
