
He was responding to criticism of EC member Sodsri Satayathum who claimed that the failure to consult with the political parties could lead to the election being cancelled like the one of April 2, 2006
"The EC had talked with several parties related to the election. They all agreed that the day [December 23] was most proper," he said.
He said a concern that the election might be cancelled by the court was not an issue.
Sodsri had claimed that the Constitution Court [dissolved by before the September coup] ruled last year to cancel the April 2, 2006 poll because the former EC set the election day without consulting with political parties, making them unprepared for the poll.
Apichart said the former EC in 2006 gave political parties only a short period [37 days] to prepare for the election. Meanwhile, he said, his EC would give 55 days for preparation. The authority to set the election day was under the government, not the EC, he said. But Surayud was a gentleman as he consulted the EC about how it prepared for holding the election, he said.
The five-member EC agreed to assert December 23 as the election day by four to one votes, Apichart said. He refused to say if Sodsri was the minority voice, but noted that the EC resolution did not need to be unanimous.
Paiboon Warahapaitoon, the Constitution Tribunal secretary-general, said Sodsri's claim about the April 2006 poll was not relevant to the current context.
The Constitution Court in May 2006 annulled the poll because the EC managed it illegally by allowing frauds to happen, he said. It was not about if the EC should consult the political parties about the election day, he noted.
Meanwhile, Prasong Soonsiri, head of a committee reviewing three organic bills related to the election, criticised Surayud for announcing the election day while the EC did not state officially that it was well-prepared for managing the upcoming election.
"It is too soon for Surayud to announce the election will be held on that day," he said. "It could cause his reputation damaged if the election would not be held as scheduled."