
Witoon on Tuesday resigned his ministerial portfolio for Social Development and Human Security, assuming responsibility for the distribution of substandard relief supplies to flood victims in Phatthalung.
"When the alleged electoral offence happened, Witoon was not in a by-election race but is accused of assisting the candidate,Kayan to sway votes by distributing hand-outs," EC member Sumeth Upanisakorn said.
If the EC uncovered cause to suspect electoral cheating, Witoon would face prosecution under criminal proceedings and not the election law since he was not a candidate, Sumeth said.
Although Kayan garnered the majority votes, the EC has suspended its endorsement of the voting outcome. Rival candidate Phetchawat Watanapongsirikul has disputed the balloting on the grounds of suspected vote-buying.
Phetchawat contends that Witoon, as the then Cabinet member, presided over the distribution of government hand-outs designed to boost Kayan's votes.
EC officials said a key issue in the case is whether Witoon attended the rally in good faith or intentionally scheduled his official function to benefit Kayan.
If found guilty, an offender can be punished with jail of one to 10 years and a fine between Bt20,000 and Bt200,000.
Reacting to the inquiry, Witoon said he had no involvement in the distribution of hand-outs as alleged.
He said he had merely made a 20-minute speech at the campaign rally to support Kayan.
He had no idea how and why he was linked to the alleged campaigning offence. He insisted when he passed through Lamphun and Lampang, he spent more time evading red-shirted protesters than assisting the Democrat candidates in the two northern provinces.