Suchon opposes courts' call
Caretaker Senate Speaker Suchon Chaleekrua yesterday moved to obstruct the three top courts' recommendation that the courts manage the new Election Commission's selection.
Suchon said the courts could not take recourse under Section 138 (3) of the Constitution to select the EC commissioners, because the current political circumstances did not match those stipulated in the section.The particular section states: "In the case where the Selective Committee under (1) is unable to make nomination, or unable to make nomination in the complete number, within the prescribed time, the Supreme Court of Justice shall, at a general meeting, make nominations to obtain the complete number within 15 days as from the date of the expiration of the nomination time under (1)." Suchon argued that because there had been no implementation of Section 138 (1), and Section 138 (2), the courts could not implement Section 138 (3). And he said the courts could not initiate the selection process, because the current EC had not yet resigned. If the EC resigns, the Senate should take recourse under Section 168 of the Constitution, he said. Section 168 stipulates that during the expiration of the term or the dissolution of the House of Representatives, the Senate shall not sit except in the following case: A sitting at which the Senate shall elect, appoint, recommend or give approval to a person for holding any office under section 138.
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