Former EC chiefs may face civil action over botched poll

An Election Commission (EC) fact-finding committee is to investigate whether former commissioners are civilly liable for the annulled April 2006 poll.
Commission chairman Apichart Sukhagganond said the committee would look into the annulled April 2 election to determine if the four former commissioners should be held accountable. "The EC must review the facts before deciding on the next move about accountability," Apichart said. The election cost taxpayers about Bt2 billion. But two courts later annulled the results of the "flawed" poll. Commission secretary-general Suthiphon Thaveechaiyagarn will head the fact-finding investigation that will be wrapped up in 30 days. It will probe the accountability of former commission chairman Vasana Puemlarp and three former members Prinya Nakchudtree, Virachai Naewboonnien and Charupat Ruangsuwan. "The public should not draw hasty conclusions before the completion of the investigation as all, including the accused, are entitled to justice," he said. A petition filed with the Finance Ministry by MR Rampiampa Kasemsri alleged the former commissioners should be held responsible for the annulled election and its costs. It cites the Law on Accountability for Violations Committed by State Officials 1996. The EC and the Council of State are reviewing the petition. In a preliminary decision the commission's lawyers argued the law did not cover an annulled election. The Council of State pointed out the commissioners could be liable for civil action. In another development, the Democrat Party has called for the commission to be overhauled so future governments could not capture the electoral process. It proposed increasing the commission from five members to six, plus the chairman, comprising two nominated by the Supreme Court, one by the Supreme Administrative Court, two by the Council of State and two by all university political-science deans. The new commission should serve a single six-year term and be confined to supervising general, Senate, Bangkok Metropolitan Administration and Provincial Administrative Organisation elections. Provincial election commissions should administer local elections, the party said. Electoral violations should be ruled on by a specialised court with judges appointed by the Judicial Commission, it added.
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