Chaiyan Chaiyaporn, head of the Government Administration Department, ticked the "no vote" marks on the constituency MP and party-list MP ballots with a red marker pen he carried from home and tore them in front of an army of reporters.

Before signing his name to receive the two ballots, Chaiyan gave a interview to reporters that he needed to destroy his ballots to make sure that they would not be abused to help any party.

Chaiyan and his son, Thayan Chaiyaporn, a sixth grader, arrived at the 62nd polling station at the Triam Udom Suksa School in Suan Luang district at 9:40 am.

His son carried a placard saying Article 65 of the Constitution empowered a citizen to peacefully resist any activity carried out to seek power unconstitutionally.

Chaiyan said he could not be sure whether his vote would be abused to whitewash Prime Minster Thaksin Shinawwatra. He said the election was not born out of democracy principles but Thaksin dissolved the House and called the election because of his own problems.

"How could I be sure that my ballots will not be changed. As a result, I have to do an illegal thin for the sake of righteousness, ethic and morality by tearing the ballots," Chaiyan told reporters.

"I will have to break the laws or do what appears to break the laws and I will fight the case it court. I admit I break the Article 108 of the MPs and Senators Election Act.

After marking the ballots, Chaiyan showed them to reporters and other voters and tore them. He said sorry for doing it but a lot of people them gave him a big applause.

Some also shouted "Thaksin get out" and some ran up to him and shook hands. The applause continued for a long time.

Police at the polling station came forward to arrest him. Before being taken to the Praves police station, he asked permission to read a statement he had prepared.

He announced through the statement that he would fight the case in court and would not pay any fine.

He said the Law Centre of Faculty of Law of Thammasat University would defend him in court and former senator Kaewsan Atibhodhi would be come his legal adviser.

He was taken to the Praves Police station and taken to be interrogated on the third floor. A lot of people, especially alumni of Chula's Faculty of Political Science, turned up at the police station to show Chaiyan moral support.

They said they were impressed by Chaiyan's courage.

Those who came to visit Chaiyan were also members of former student activists from the 1970s when student activists fought against dictatorial regimes.

But a person also came to reprimand Chaiyan. The person was identified as Phakhin Damrongtripol, 52, a businessman. He aid he disagreed with the way Chaiyan had done as it would set a bad example for other peoples and could lead to turmoil.

Phakhin engaged in a verbal disputes with former student activists at the police station.

Chaiyan was interrogated for five hours. He was released on bail using his position as guarantee after he was charged with violating Article 108 of the MPs and Senators Election Act. The police scheduled to send his case to public prosecutors on Monday.

Speaking to reporters after his release, Chaiyan said police alleged him with violating the election laws but he argued that he invoked Article 65 to do it and the Constitution should overrule the election laws. But police said his argument was a way that he neither deny or accept the charges and police would proceed with case in normal procedures.

Chaiyan said he would meet Thammasat laws lecturers and Kaewsan on Tuesday to plan defence strategies.

Meanwhile, Anek Laothamthas, former leader of the Mahachon Party, told reporters after casting his vote in Vatana district that he would like to provide moral support for Chaiyan for his courage to what he thought was right.