Decree needs amending: court

The Constitution Court has said a new royal decree must be enacted for a new election to take place in about two months, court secretary general Paiboon Waraha-paitoon said yesterday.
Paiboon was speaking to clarify the court's order for a new ballot following its ruling on Monday nullifying the April 2 election. After the verdict, there was confusion initially as to how the new election date should be sanctioned. But Paiboon said the ruling spelt out the necessary steps to organise a new vote. "The court has instructed for a new decree, classifying it as an amendment to the previous decree relating to the April 2 election, and orders the new election be held within 60 days of the verdict taking effect." The verdict was forwarded yesterday for publication in the Royal Gazette. It will come into force on the day it is published, he added. The Election Commission (EC) was obliged to set the new election day as per the ruling, while the Cabinet secretariat was in charge of acting on the government's behalf to submit the new decree for royal approval, he said. Cabinet secretary-general Bowornsak Uwanno said the EC should consult with political parties before setting the election date. "The Cabinet secretariat will act like a postmaster in enacting the agreement between the EC and political parties," he said. In regard to the enforcement of Article 138 of the Constitution to allow judges to manage the electoral process, Bowornsak said he had no objection; presidents of the three top courts had already expressed their views in favour of invoking this provision. On Monday, Bowornsak questioned the application of this provision based on judicial opinions - before the chief judges spoke.
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