Kanin calls for 120-day poll delay

Kanin Boonsuwan, one of the country's sharpest minds on constitutional issues, has suggested the April 2 poll be postponed by 120 days to end the political crisis.
His suggestion followed growing concern that the snap election might not be practical due to numerous serious problems. For instance, the EC has asked the Constitution Court to issue a legal recommendation granting it leeway to solve a problem in a Samut Sakhon constituency where there is currently no qualified MP candidate at all. Court secretary-general Paiboon Warahapaitoon said yesterday the EC petition would have top priority when it reached his office, which is expected tomorrow. Paiboon declined to speculate on the outcome of the judicial review. Legal sources said the EC should postpone the April 2 election in order to allow fresh registration of new candidates. Failure to do so would lead to a political dilemma, as it would not be possible to fill all 500 House seats. However, Banharn Silapa-archa, leader of the Chart Thai party, warned that the EC should not try to help the Thai Rak Thai, which he asserted had created the election problem. He insisted the Chart Thai party's election boycott remains because the caretaker government has treated political opponents unfairly. Banharn also said that the TRT had tried to take advantage of opposition parties right after the House dissolution, which was why they had decided to boycott the poll. He indicated that the opposition parties would like to have a non-partisan EC to supervise the next election if they are going to field candidates. Kanin, who helped draft the 1997 Constitution, told The Nation a 120-day postponement would give more time for all parties concerned to deal with these national issues in a peaceful and civilised manner. "Now it looks like the [caretaker] government and its opponents are fighting each other towards a political deadlock," he said, adding it was useless for the Election Commission to delay the vote by a couple of weeks or a month since that would not solve any problems. According to Kanin, the snap poll must be organised no later than 60 days after the House was dissolved in late February. However, Kanin suggested to General Vasana Puemlarp, chairman of the Election Commission, that it could resort to Article 7 of the Constitution to extend the poll date beyond that legal limit because the current political situation was "not normal". "I think the EC chairman should consider proposing a longer delay of the next poll to HM the King for approval. Currently the EC head is the highest authority on this issue and if there was royal approval, the postponement would be acceptable to all," he said. By postponing the poll for another 120 days, he said, the playing field would be fairer for all political parties, especially for the opposition parties that have boycotted the April 2 poll, and dissidents within the Thai Rak Thai Party, who might prefer to join other parties. The rules require candidates to be a member of a party for at least 90 days before an election so that dissidents cannot switch party affiliation under current law. "Besides the 120-day poll postponement, I think caretaker premier Thaksin Shinawatra should step down immediately to help solve the political crisis," Kanin said. "As for the EC, it should devote its resources to organising the April 19 Senate election and thus set a good example for the next House election," he said. Kanin suggested the new Senate, which will have a total of 200 members, should consider setting up an independent body to propose amendments to the Constitution. It should consist of selected senators and academics plus representatives of non-government organisations and civic groups. Once it had deliberated, the Senate should submit its proposed charter amendments to the new House of Representatives. Should it reject the amendments, a national referendum could be held. Kanin said the 120-day delay would also ensure the royal and state ceremonies to mark HM the King's 60 years on the throne, which will be attended by kings and queens and other foreign heads of state during May and June this year, would not be affected by the country's political tension. "If the EC adopted the postponement, the new election schedule should fall on July 16 or 17. During May and June, we wouldn't have to worry about the political situation, which may hurt the state and royal ceremonies to honour HM the King. "After all, we should all heed the latest message from General Prem Tinsulanonda, the president of the Privy Council, who has urged all Thais to help resolve problems peacefully and in a civilised manner," he said.
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