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Published on November 19, 2007

The 111 executives of the disbanded Thai Rak Thai Party, angry at being prevented from making campaign speeches, have just one avenue for redress - the Administrative Court.

According to Assets Exami-nation Committee member Banjerd Singkaneti, the disgruntled 111 cannot approach the Constitutional Tribunal.

Banjerd said yesterday the Administrative Court had jurisdiction over agencies created by the Constitution.

Banjerd said the tribunal had no jurisdiction because the ruling banning the 111 from speeches and appearing in campaign material was not a Constitution issue.

The commission last Friday used the Election Commission Act to rule on the matter of the 111 making speeches and engaging in other campaign activities.

Banjerd added that a challenge could be made to the court immediately.

The commission came under fire yesterday for "lacking political courage" after it appeared to back away from its decision, describing its earlier statement as "advice" and not a ban.

Commissioner Prapun Naigowit said yesterday it did not impose a prohibition, but simply offered an opinion.

Political parties with which the 111 were now associated should use their own judgement about the advice, he said.

However, he warned that if legal action was taken against any party for encouraging one or more of the 111 to commit a political offence, then that party risked dissolution.

Prapun added that if individuals believed the commission's opinion violated civil rights, then they could seek a tribunal ruling.

Another commissioner, Sodsri Satayathum, supported Prapun. She added the commission's decision was not a ban or a directive. It was among answers supplied to questions submitted by the Puea Pandin Party.

She said the commission interpreted the law "broadly" by considering the regulations of each political party.

It had no intention of limiting the rights of the 111. "This matter should be put to rest by the Constitution Tribunal,'' she said.

The commission will not seek a tribunal ruling itself and no party had asked it to do so.

But, if any party believed its opinion breached the Constitution, it could seek a tribunal decision, she said.

In a related development, People Power deputy secretary-general Noppadon Pattama said yesterday it would not risk distributing video discs featuring former premier Thaksin Shinawatra. He said the party would seek a commission decision about doing so, however.

In defiance of last week's commission decision, Chaturon Chaisang, one of the 111, said he would make a campaign speech, exercising his rights guaranteed by the Constitution. He will take legal advice before speaking, nevertheless.

He said his speech would have nothing to do with People Power. He called on the commission to make a ruling and not just merely advise him.

Another banned former Thai Rak Thai executive, Pongpol Adireksarn, will seek a tribunal ruling on the commission's Friday decision.

Former election commissioner Sawat Chotephanich called on it to have courage and issue directives on the 111.

"The commission did not issue a ban because it is afraid of violating the law. That is why the People Power Party has accused it of chickening out. The commission has a responsibility to make this issue clear," he said.

"Without this there will be further political problems. If the commission does nothing, it will be too late to take legal action later. If it announces a ban later, it cannot take effect retroactively.''

He said there would be political hurdles ahead over the issue because he saw no legal venue for a ruling.

"The Constitution Tribunal will not issue a ruling if the complaint is only to seek political advice. When I was an election commissioner, I also sought the court's opinion, but it declined to issue a ruling. I believe this is a technicality that needs debate and decision,'' he said.

Meanwhile, Sodsri said the commission had no right to rule if Suwat Liptapanlop had violated election laws by his involvement in the SEA Games in Nakhon Ratchasima. He is not an election candidate, she said.

Atthayuth Butrsripoom

 Kesinee Jaikawang

 The Nation