The Supreme Court on Thursday overruled the convictions of Pol Gen Wassana Permlarp and two other former members of the Election Commission (EC) on charges of holding fraudulent elections in 2006 on the grounds the person who filed the charges was not directly damaged by the alleged malfeasance.
The court's order overrides the verdicts of the Criminal Court and Appeals Court, which sentenced them to four years each in prison and stripped them of their electoral rights for 10 years.
The case, filed by Democrat Party deputy leader Thavorn Senneam, was initially against six defendants - the Election Commission, former EC chairman Pol Gen Wassana, former EC members Prinya Nakchattree, Veerachai Naewboonnian and Gen Jarupat Ruangsuwan, and former EC secretary-general Pol Maj Gen Ekachai Warunprapa.
The defendants were accused of malfeasance and violating Sections 24 and 42 of the Election Commission Act of 1998 by illegally calling new rounds of elections on April 23 and 29, 2006 in 38 constituencies of 15 provinces after the Democrat Party boycotted the April 2, 2006 general election, leaving Thai Rak Thai candidates without competitors in many constituencies.
The new elections were called after candidates who faced no competitors in their constituencies failed to receive at least 20% of the votes of eligible voters, as required by law in uncontested seats.
Mr Thavorn alleged the defendants violated the law by allowing failed candidates from other constituencies to apply in the 38 seats, so Thai Rak Thai candidates could avoid the 20%-vote requirement.
The Criminal Court on July 25, 2006 sentenced Wassana, Prinya and Veerachai to four years in prison without suspension and stripped them of their electoral rights for 10 years. The other defendants were acquitted.
The Appeals Court later upheld the Criminal Court's verdict.
The three took their case to the Supreme Court. During the appeal, Veerachai died on Aug 21, 2012.
The Supreme Court on Thursday ordered the dismissal of the case on the grounds Mr Thavorn was not eligible to bring the charges since he was not the party directly damaged by the alleged malfeasance.
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