Supreme Court Allows Citizens to Sue Election Commission for Corruption

The Supreme Court President ruled that citizens may sue the Election Commission at the Criminal Court for Corruption and Misconduct Cases if they find evidence of misconduct, because such acts usurp the people's sovereignty.

On November 6, 2026, media reported that MP candidate Pongsakorn Tangkittikul, a party-list candidate for Group 2 (Law and Justice), filed a lawsuit against Election Commission Secretary-General Sawang Boonmee and eight other commissioners at the Nonthaburi Provincial Court, case number Black 1018/2569, for malfeasance in office under the Organic Act on the Acquisition of Senators B.E. 2561. The suit stemmed from doubts about the EC's 4-3 vote regarding the investigation and prosecution of alleged election fraud by party-list candidates.

The EC defendants then filed a motion challenging the court's jurisdiction, arguing that as independent constitutional bodies accused of actions related to their legal duties, the case might fall under the Supreme Court's Criminal Division for Political Office Holders or the Criminal Court for Corruption and Misconduct Cases, not the ordinary Courts of Justice. Consequently, the Nonthaburi Provincial Court stayed proceedings and referred the jurisdictional issue to the Supreme Court President for a ruling.

Supreme Court President Witthaya Klongmikun issued Ruling No. WorThor 27/2569, stating that political rights are fundamental human rights under international covenants and the Thai Constitution, which affirms that sovereignty belongs to the Thai people. "Corrupt acts to wrongfully obtain a parliamentary seat constitute a usurpation of sovereignty from the people," the ruling said. Therefore, every citizen, including the plaintiff, is considered an injured party with the right to sue directly in the court of first instance under Sections 2(4) and 28(2) of the Criminal Procedure Code.

Furthermore, even though a special channel exists for the NACC or the Attorney General to sue political office holders at the Supreme Court's Criminal Division, a lawsuit filed by a citizen is not bound by that special channel. Since all eight defendants are state officials holding positions in an independent organization, the Supreme Court President ruled that this case falls under the jurisdiction of the Criminal Court for Corruption and Misconduct Cases pursuant to Section 3(1) of the Act Establishing the Criminal Court for Corruption and Misconduct Cases B.E. 2559.

Previously, on October 8, 2026, a group of party-list candidates had petitioned the Supreme Court to review Ruling No. WorThor 12/2569 by former Supreme Court President Maneerat Uchin, dated May 5, 2026, which had limited citizens' ability to sue the EC directly at the Corruption Court. They also requested the appointment of a disciplinary investigation committee against Maneerat, alleging potential abuse of authority and malfeasance. That earlier ruling had held that citizen lawsuits against the EC for malfeasance under Criminal Code Section 157 were outside the Corruption Court's jurisdiction, citing Constitutional Section 235 on the process for investigating and prosecuting.