BURNING ISSUE
EC LIVING ON BORROWED TIME, SAY JUDGES


Vasana Puemlarp in the Election Commission offices yesterday.
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'Show courage and resign,' commissioners told, or face protests
Following the Constitution Court's verdict to cancel the April 2 election results, pressure has mounted on the four election commissioners, who have insisted that the poll was fair to all the parties involved. While the four EC members have not yet announced if they will stay or resign, the three top courts - the Constitution, Administrative and Supreme courts - have issued a statement which could be construed as an "ultimatum" to the election agency. "If the current EC cannot manage a new election which abides by the Constitution, the way out would be to start the selection process for a new EC, with the Supreme Court nominating candidates for the vacant seats. But the current EC members need to show their courage and make the decision to resign," said the Supreme Court's secretary Jaran Pakditanakul. The words clearly suggest the courts are putting pressure on the four EC members to quit. In other words, the verdict implies they have violated the law and no longer have legitimate entitlement to their roles. The courts know the national crisis cannot be resolved if a new election cannot proceed. With the current EC members still in place, however, any further movement is impossible, as the assumption is the EC's preferential treatment of the Thai Rak Thai government has been exposed. The verdict to cancel the poll only asserts that belief. A small number of People's Alliance for Democracy members have camped in front of the EC headquarters for weeks now in order to oust the four EC commissioners, and the "guilty" ruling has only strengthened the PAD's demand for their heads. The EC's stubbornness may also face bigger challenges in the form of a more aggressive rally led by Sondhi Limthongkul and Chamlong Srimuang. And that's not all the EC members have to worry about. If they refuse to quit, as they keep saying they will, the opposition Democrat, Chat Thai and Mahachon parties are likely to boycott the next election. They will cite their distrust of the body's involvement, and the fact that they cannot condone "guilty" commissioners' management of another election. The new election would then face the same problems as the last, with the three opposition parties absent from the poll. Though the EC members say their resignation would cause further problems, as new election commissioners cannot be chosen without the House sitting, the courts insist this is not a problem. The Constitution states four out of 10 members of an EC selection panel must be members of political parties in the House but at the moment there is no Parliament so a selection panel cannot convene. However, Jaran claims the Constitution allows the Supreme Court to nominate its candidates for the Senate in the final selection process, in the case of the selection panel failing to pick its candidates within 30 days. As the different parties tighten their grip on the EC, the countdown seems to have begun.
Weerayut Chokchaimadon The Nation
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