EC dismisses nominee complaint against PPP

The dismissal took place although four of five EC members found sufficient evidence for labelling the PPP as nominee acting on the disbanded party's behalf, Suthiphon said.

"Evidence indicates that the PPP is the proxy of the TRT but this does not constitute any violations as defined in the organic laws on political parties and elections," he said.

He revealed that three EC members voted for dismissal by citing the lack of legal definition for nominee as electoral offence. One member dismissed the charge on grounds for insufficient evidence to link the PPP to the TRT.

The other member sided with the majority of three and made an additional recommendation for the political party registra, who is concurrently the EC chairman, to further examine relevant legal issues to determine the PPP compliance on party membership.

An offence relating to party membership might be grounds for disbandment as per Article 94 of the Political Parties Act.

Suthiphon said the EC made its decision based on the accepted legal principles and not the political sentiment.

"As an independent organisation, the EC is neutral and has no duty in trying to fault or bully any parties," he said.

He also stated that the EC review on the case touched on charges raised by the complaint and applicable to the PPP, hence it did not cover the role of former prime minister Thaksin Shinawatra in supporting the PPP.

EC member Somchai Juengprasert said he voted with the majority along with EC chairman Apichart Sukhagganond and his two colleagues, Sodsri Satayatham and Sumeth Upanisakorn. EC member Prapun Naigowit voted to dissent.

"Under business law, nominee can be an offence though this does not apply to the public law," he said.

The case came to light after activist Veera Somkwamkid petitioned the EC to launch an investigation into the matter. He claimed that the disbanded party had propped up the PPP as puppet and pulled the strings behind the scene in defiant of its May 2007 punishment by disbandment.

The EC formed the Paiboon Netipho panel to gather evidence. The Paiboon report drew conclusion linking the PPP to the TRT but there was no law to penalise this.