A worker tries to remove stickers with messages attacking the Election Commission from the agency’s nameplate yesterday. EC members are facing a number of legal cases that could result in their removal.

The three remaining members of the Election Commission are still defying the chiefs of the three top courts' "ultimatum" calling on them to quit and make way for a "smoother, more credible election".

Although, given the current absence of a Parliament, they cannot be impeached, the commissioners have been warned they will be dealt with "the hard way" if they baulk at resigning.

Cases currently before the court, instigated by opponents of caretaker Prime Minister Thaksin Shinawatra, accuse the commissioners of misconduct and favouring the Thai Rak Thai Party on April 2. The outcomes could become key levers with which to oust the commissioners.

These cases include:

A case filed by Democrat MPs:

Democrat MPs have filed criminal charges against the commissioners, accusing them of allowing new candidates to run in by-elections in 38 constituencies where single candidates had failed to gain the minimum 20 per cent vote required by the Constitution.

The MPs said the EC had sided with Thai Rak Thai and used every possible means, even breaking the law, to help the ruling party.

A court inquiry into the charges has been set for May 29. A guilty verdict would disqualify the commissioners.

A case filed by senators and civic groups:

Two outgoing senators and leaders of a number of civic bodies have filed a criminal lawsuit against the commissioners, alleging misconduct.

They filed a criminal suit against EC chairman Vasana Puemlarp and members Prinya Nakchudtree, Virachai Naewboonnien and Charupat Ruangsuwan, saying they failed to organise last month's general election honestly and fairly.

The plaintiffs said the commissioners should not have allowed the election to be called so quickly, and that the EC illegally changed the configuration of the ballot booths and even the ballot paper's design.

The plaintiffs include outgoing senators Nirun Phitakwatchara of Ubon Ratchathani and Karoon Saingam of Buri Ram, and People's Alliance for Democracy (PAD) leader Somsak Kosaisuk.

A date for the court inquiry into the charges has not yet been set. A guilty verdict would disqualify the commissioners.

Just one ruling against the commissioners will disqualify them, paving the way for selection of new commissioners - exactly what the courts want.

Apart from the criminal charges, the courts have threatened to sue the commissioners for managing an "illegal" poll. Damages would amount to about Bt2 billion, the same amount the EC paid for last month's flawed poll. Some other cases against the EC have been filed with the Administrative Court.

They include a case claiming the EC illegally changed the configuration of the ballot booths and the design of the ballot itself. In that case winning candidates are demanding compensation for expenses incurred in running their campaigns.

With all indicators suggesting the courts hold the upper hand over the EC, it seems only a matter of time before the commissioners are removed. It seems the countdown to that has already begun.

Political Desk

The Nation