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Published on December 4, 2007

The Election Commission (EC) will vote to decide whether it or a court will rule on claims the military planned to undermine the People Power Party (PPP), EC chief Apichart Sukhagganond said yesterday.

He played down claims by Council for National Security (CNS) members that the EC could not investigate the case because Article 309 of the Constitution gives the junta immunity.

"It is not a big deal if we believe the law was broken, we can investigate. We just have to see the evidence suggesting that state officials were biased," he said.

Apichart said the EC had formally requested original copies of two classified documents from the junta in relation to the alleged plot.

The EC also asked junta chief Air Chief Marshal Chalit Phukphasuk or his designated representative to give an additional statement on the issue. "The original copies are crucial for the EC to form judgement," he said in reference to different versions of photocopied documents supplied by the PPP and the junta.

After a review of the original copies, the EC should be able to rule on the matter by December 11, he said.

He said the EC would not reveal complete details of the results of its investigation to the media.

Chaturon Chaisang, former leader of the disbanded Thai Rak Thai Party, strongly attacked the CNS, alleging that the junta violated Article 74 and Article 57 of the Constitution by plotting against the PPP.

He dismissed claims from the CNS that Article 309 of the Constitution provided immunity for its actions undertaken for security reasons.

He called on Deputy Prime Minister Sonthi Boonyaratgin to end his role as chairman of the Anti-Vote Buying Committee and for the panel to suspend its activities until the EC ruled on the case.

Adisorn Piangkiat, a former Thai Rak Thai executive, threatened to launch impeachment proceedings against the EC if it did not decide on the case.

He criticised the EC for failing to make a decision on the case yesterday - and postponing the matter till December 11.

Chaturon denied reports that PPP had not taken the case to the court by itself because there were discrepancies in the classified documents.

He said court procedures took time and the party believed it would be treated in a biased manner by state agencies until a new government was formed.

 The Nation