Bangkok: Supachai Jaisamut, a Bhumjaithai Party list-based Member of Parliament, has emphasized that the Election Commission possesses the authority to investigate potential fraud in the "Orange Party Senators" election without the necessity of a formal complaint. He has prepared evidence to support a complaint concerning the 300 Senate candidates affiliated with the "People's Senate" group and has invoked Article 41 to prompt the Election Commission to utilize its investigative powers.
According to Thai News Agency, Supachai posted on his personal Facebook page in response to an academic's challenge on a television program, urging those involved in the Senate election to file a complaint if there was any wrongdoing by the "Orange Senate" group. Supachai highlighted that the Election Commission (EC) is legally empowered to initiate investigations based on reasonable suspicion or information suggesting electoral malpractice, even in the absence of a formal complaint. He referenced Section 41 of the 2017 Act on the Election Commission, which mandates the EC to conduct investigations or inquiries when reasonable grounds for suspicion exist.
Supachai elaborated on the key provisions of Section 41, noting that a formal complaint is not a prerequisite for the EC to act. Information prompting an investigation could stem from news reports, media, government agencies, or other sources. If reasonable suspicion and sufficient information are present, the EC is obligated to pursue an investigation. He stressed that the law explicitly requires action, indicating that the EC should not disregard any reasonable grounds for suspicion.
Furthermore, Supachai explained the concept of "Ex officio power," which allows the EC to act independently without needing a prior complaint or accusation. This legal authority enables the EC to investigate various aspects of the "People's Senators" or "Orange Senators" rally, such as funding for catering, transportation, and accommodations. The EC can also examine whether senators, including individuals like Mr. Tewarit or Professor Nanthana, were elected through fraudulent means from the district to the national level.
Supachai concluded by urging the EC to promptly act under Section 41 and reiterated his readiness to file a formal complaint, backed by evidence, if necessary.