Bangkok: "Thepthai" has highlighted the Election Commission's (EC) strategic maneuvers that could lead to the dismissal of the Senate collusion case, citing three constitutional points to potentially pave the way for ending the proceedings.

According to Thai News Agency, Mr. Saeng Boonmee, Secretary-General of the EC, addressed the mounting pressure on the Commission to refer the Senate election collusion case to the Supreme Court's Election Division. He argued that such a referral would necessitate compliance with Article 226 of the Constitution, which requires the fulfillment of three specific conditions: the corruption must have been committed solely by the candidates, it must have been for personal gain, and there must be credible evidence that the election was conducted dishonestly and unfairly. Mr. Saeng is raising these issues to potentially justify the EC's decision not to refer the case to the Supreme Court.

The situation mirrors a previous instance when the EC appointed Subcommittee No. 36 to review election fraud cases involving the Senate, specifically the collusion case. This action was a reconsideration of the findings from Subcommittee No. 26, which initially concluded the case had merit and ordered the indictment of all 229 individuals involved. However, the EC argued that the scale of the case, involving 138 current senators and 91 other individuals, warranted further review. Consequently, Mr. Itthiporn Boonprakong, the then-chairman of the EC, appointed Subcommittee No. 36 on September 25, 2025, to conduct a more specific review.

It appears there has been an ongoing effort to obstruct the Senate collusion or fraud case from progressing. The appointment of Subcommittee 36 by the EC to override the indictment reasons presented by Subcommittee 26, and its subsequent decision not to indict due to a perceived lack of merit, did not provide sufficient grounds to dismiss the case. This led Mr. Saeng to invoke Article 226 of the Constitution to further justify the EC's stance.

The public is keenly observing whether the Election Commission will persist in trying to halt the Senate collusion case from reaching the Supreme Court's Election Division, especially as more evidence comes to light from iLaw and the Coordinating Committee of the Opposition Parties. The outcome of this situation remains uncertain as the EC faces scrutiny over its decision-making processes.