EDITORIAL
It's time to wipe the slate clean

Dysfunctional watchdogs enable corrupt politicians to cause greater damage than they could otherwise
As expected, the much-reviled Election Commission (EC) needed to be told in no uncertain terms what the Constitution Court's Monday decision to nullify the April 2 snap election actually meant. And so the chiefs of the Constitution Court, the Supreme Court and the Administrative Court did just that yesterday by spelling out clearly to the four election commissioners that the ruling of unconstitutionality against the controversial ballot organised by the commission was also a vote of no confidence against them.That the heads of the highest courts in the land also felt compelled to ask them to consider vacating their positions, in order to take responsibility for their failure to hold a free and fair election, speaks volumes about the EC's perceived lack of probity and integrity. The Constitution Court ruled that the EC had failed to guarantee voter confidentiality, because the way the polling booths were laid out allowed election monitors and officials to take a peek at how they were voting. The Constitution Court also faulted the EC for "mis-scheduling" the election at an early date, which favoured a major political party. Just in case the commissioners - Vasana Puemlarp, Prinya Nakchudtree, Charupat Ruangsuwan and Virachai Naewboonnien - still didn't get it, the heads of all three courts also voiced serious concern about the EC's lack of credibility to organise and oversee the fresh nationwide ballot to be held within 60 days from Monday's annulment of the previous general election. The judicial chiefs even volunteered their services to ensure that the new general election will be free and fair beyond any reasonable doubt. The EC can either dissolve itself to make way for the Supreme Court to nominate new commissioner candidates to the Senate for confirmation or, if the EC chooses not to resign, request Supreme Court involvement in certain aspects of the new election's organisation and supervision. The Constitution gives the Supreme Court discretionary powers to step in to see that the electoral process functions smoothly, the way it should, in case the EC members do all resign or make a special request for assistance in of any kind. This unprecedented move by the judiciary is part of the extraordinary measures that Thailand desperately needed to deal with recent extraordinary circumstances - namely the political crisis that caretaker Prime Minister Thaksin Shinawatra and his ruling Thai Rak Thai Party had plunged the nation into. And all four of the election commissioners should stop embarrassing themselves and disgracing their high offices by clinging desperately to their jobs. Among the various "independent" agencies mandated by the Constitution, the EC has a crucial role as a gatekeeper, preventing people with a dubious past or record of fraudulent activity from entering politics in the first place. The EC has been held up to ridicule for its conduct and its dismal performance throughout this episode, what with its strong bias in favour of - if not servility towards - Thaksin's Thai Rak Thai Party. The Thaksin government is notorious for its sinister manipulation of the constitutionally mandated "independent" watchdog agencies, of which the EC is one of the worst examples. Such heavy-handed interference is an insidious threat to democracy. It renders the system of checks and balances ineffective and enables the powers that be to gain excessive power and wallow in unchecked corruption. And a dysfunctional watchdog that allows itself to be bought, like the EC has done, only helps mask such treachery and in so doing allows our political system to become rotten to the core. Last year, the Supreme Court sentenced all nine National Counter Corruption Commission members to two-year suspended jail terms for abusing their power by awarding themselves a huge pay raise without parliamentary approval, and they resigned in disgrace. Now the current election commissioners must face the same ignominious end. But the judiciary should not stop with the EC. There are other watchdogs that have allowed themselves to be bought exactly the same as the EC did. The judiciary must not stop until the entire slate has been wiped clean.
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