CONSTITUTION COURT
Senate files petition in bid to remove final 3 EC members
Caretaker Senate Speaker Suchon Chaleekrua discusses a petition to the Constitution Court sponsored by a group of 35 caretaker senators at a press conference yesterday.
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Bench to decide if senators can review officials' credentials
The Senate yesterday petitioned the Constitution Court requesting rulings on two questions in an effort to remove the remaining three members of the Election Commission.
The petition was sponsored by a group of 35 caretaker senators and forwarded to the high court by caretaker Senate Speaker Suchon Chaleekrua.
In the first question, the high court has been asked to determine whether caretaker senators are empowered to seek a judicial review relating to the credentials of EC members to hold office.
Should the ruling support beginning litigation, the high court will then proceed to decide whether to dismiss the three EC members.
The Senate petition cites the May 8 verdict nullifying the April 2 election as grounds for the commissioners' dismissal.
The verdict cancelled the ballot results on the grounds that the EC failed to ensure fairness.
EC member Charupat Ruangsuwan resigned on May 25 to take responsibility for the ruling. But EC chairman Vasana Puemlarp and other two EC members, Prinya Nakchudtree and Virachai Naewboonnien, cling to office.
The 35 caretaker senators contend the court should remove the three.
Under Article 136 of the Constitution, EC members must be honest and uphold political impartiality at all times while executing their duties.
The caretaker senators argue the verdict on the botched election showed the incumbent members were not qualified to remain in office as per Article 136.
Speaking on the condition of anonymity, a court official said the high court would likely accept the case for judicial review because there were no provisions blocking caretaker senators from litigation.
However, the review might end up being a futile exercise as the court might find no provisions empowering it to
dismiss the EC members, the official
said.
He said he understood the court was tasked to rule on qualifications, such as education and work records, but not on impartiality as prescribed by Article 136.
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