The Supreme Court's selection of two election commissioners may defy the law as the process was not an open one, says Election Commission (EC) member Somchai Srisutthiyakorn.
Mr Somchai was referring to the court's selection of Chatchai Janpraisri, chief justice of the Supreme Court, and Pakorn Mahannop, a judge in the Supreme Court, as election commissioners under the Supreme Court's quota. They were chosen in separate meetings.
Mr Chatchai was named at a Supreme Court meeting on Nov 17 and Mr Pakorn on Wednesday. The two won the commission berths with a majority vote in the plenary meetings.
The Supreme Court picks two of the seven members of the EC under the new constitution. The judges will join five other commissioners in replacing the current batch of poll commissioners.
The five other commissioners have been chosen by a selection panel. They are Ruengwit Ketsuwan, former rector of Chaiyaphum Rajabhat University; Takorn Tantasith, secretary-general of the National Broadcasting and Telecommunications Commission (NBTC); Issaree Hansacharoonroj, former rector of Rajamangala University of Technology Rattanakosin; Chompan Sutheerachart, head of the Sutheerachart law firm; and Pracha Terat, a former provincial governor.
The list of five chosen by the selection panel led by the Supreme Court president was drawn from 15 shortlisted candidates who came from a pool of 41 applicants representing groups of mostly former and present senior officials and legal experts.
The process of choosing the five commissioners has reached the National Legislative Assembly (NLA). The names will be presented by next Tuesday to the NLA, which has 45 days to examine the candidates' experience and background before making a decision.
Mr Somchai yesterday said the Supreme Court's pick of Mr Chatchai and Mr Pakorn may have violated Section 12 of the organic bill on the EC which requires the Supreme Court to hold a vote for the commissioners in an open manner.
He said both sessions were held behind closed doors. Mr Somchai added the reasons for selecting the court-quota commissioners must also be provided.
The organic bill on the EC was passed earlier by the NLA. However, the EC has disputed some parts of the bill and has sought the Constitutional Court's help in clarifying some constitutionality matters.
"I think the issues [of closed-door votes] may be raised [in a legal challenge] soon," he said.
He insisted the selection of election commissioners should comply with legal requirements, especially when it is carried out by the court.