Democrats mull four court challenges to election

Democrats mull four court challenges to election

The Democrat Party is considering launching four legal challenges against the caretaker government accusing it of having illegally held Sunday's election.

The party's legal experts are looking into details of why this election violated the constitution and how the caretaker Yingluck Shinawatra government's decision not to defer the election date can be considered as major offences, Democrat leader Abhisit Vejjajiva said yesterday.

The first legal accusation is the Sunday election could break the charter's Section 108 which stipulates the election must be held on the same day nationwide.

However, according to the Election Commission, polling in only 306 of 375 constituencies was held. Elections in 69 constituencies of 18 provinces were called off due to disruptions by protesters and worries over possible violence sparked by pro- and anti-election groups.

The problem raises doubts over a need to re-organise the election another day, but "is this considered dishonest or unfair?" asked Mr Abhisit, adding former Democrat MP for Songkhla Wiwat Kanlayasiri will raise the issue with the Ombudsman.

The second allegation is Ms Yingluck and her cabinet members could have violated the charter's Section 68 by going ahead with the election, even though it was plagued with problems and the Constitution Court ruled the election date could be postponed.

Section 68 prohibits attempts to overthrow the democratic system of government with the King as head of state, and unconstitutional efforts to seize power.

Mr Abhisit said his party is looking into the government's motive, considering whether its insistence on holding the troubled election is aimed at paving the way for seizing power.

Caretaker Labour Minister Chalerm Yubamrung's interview with the press about his expectation of how many seats the party would win in the House would be also taken into consideration, he said.

As for the third and fourth legal challenges, Mr Abhisit said, the Democrats are considering petitioning both the National Anti-Corruption Commission and the Supreme Court's Criminal Division for Holders of Political Positions to consider whether the government violated Section 157 of the Criminal Code. The law is aimed at punishing authorities found guilty of dereliction of duty. The party believes the government ''intended" to neglect its duty.

Earlier, the Office of Auditor-General warned the Election Commission against wasting the 3.8-billion-baht budget needed to hold the election, due to the volatile political situation.

The government would be at risk of facing both impeachment and criminal charges, Mr Abhisit said.

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