Legal fight against poll 'not over'

national February 14, 2014 00:00

By Anuphan Chantana,
Pimnara Pra

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The Democrats will continue pursuing legal action against the government even though the Constitutional Court on Wednesday threw out their petition asking it to void the February 2 election.

Party leader Abhisit Vejjajiva said that while the court saw no basis to hear the case, the Democrats would continue to work on it.
If the government and the Election Commission (EC) could agree that the February 2 election was vexed by many legal issues, it would be a good opportunity to start talking about a solution without having to go to court, he said.
Democrat legal expert Wiratana Kalayasiri said some of the February 2 poll results have been announced, although unofficially, while balloting could not be held in 28 constituencies where there were no candidates, so the election failed to meet secrecy and equality conditions as millions of people did not have a chance to vote. 
These could be reasons to abrogate the election, just as the April 2, 2006 election was nullified by the Constitutional Court.
The fact that the House would not be able to convene within 30 days as required by the Constitution would be another reason. The government had also intentionally insisted on the February 2 date rather that allow it to be postponed as it wanted to cling to power, Wiratana said. That could be deemed as acquiring power in a way that is unconstitutional.
Caretaker Prime Minister Yingluck Shinawatra said she had assigned her deputy Phongthep Thepkanjana to discuss with the EC how to solve the problems related to the election. 
The EC has proposed that elections be held in April in constituencies where voters could not cast votes on February 2 and in the advance voting on January 26, but Pheu Thai wants it to happen sooner, she said.

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