Bangkok: "Teera," a legal expert from the People's Democratic Reform Committee (PDRC), is pressuring the Election Commission to explain the suspicious barcode on the ballot papers.
According to Thai News Agency, Teera, the party's legal expert, has called on the Election Commission to address concerns about the barcodes on the ballots, citing potential legal infringements reminiscent of the 2006 election. While he insists that he is not overstepping into the Commission's domain, he is awaiting a decision on possible criminal charges against the Commission. Teera has expressed the party's preparedness to contest in a new election if the current ballots are rendered invalid.
Mr. Teera Sutheewarangkoon, a member of the special task force investigating the election vote count and part of the People's Party (PPP) legal team, shared insights about possible election nullification. He noted that the legitimacy of the February 8th election is under review by the Constitutional Court. The PPP argues that the ballot papers' barcodes compromise election secrecy, potentially rendering the election unconstitutional and subject to annulment, similar to the 2006 precedent.
The party is closely monitoring the court's decision on the election's validity. Should the election be annulled, the People's Party is ready to participate in a re-election. Addressing concerns about a potential Constitutional Court ruling post-certification of results, Mr. Thira stated that a ruling of unconstitutionality would necessitate a new election, which the Election Commission could execute without a new royal decree.
The Election Commission's accountability remains uncertain if the election is deemed problematic. Should the Administrative and Constitutional Courts find the election unconstitutional due to the Commission's actions, the issue may escalate to ordinary courts. Determinations of intentional or negligent election mismanagement will be fact-based.
Mr. Teera emphasized that criminal liability for the Election Commission hinges on court findings. While the party suspects possible misconduct by the Commission, legal accountability will depend on judicial interpretation. Even if actions are deemed unconstitutional by the Constitutional Court, past rulings indicate that criminal intent must be proven for liability.
He further commented on election-related issues, highlighting responsibilities at different levels, including the EC Secretary-General and local election officials. While there are concerns about the Commission's fairness and honesty, the courts will ultimately decide on criminal liability, considering past instances where actions were deemed unconstitutional yet lacked criminal intent.