Abhisit asks charter court to rule on S44 parties order

Abhisit asks charter court to rule on S44 parties order

Democrat Party leader Abhisit Vejjajiva yesterday petitioned the Constitutional Court to rule on whether the Section 44 order issued by the prime minister to amend the organic law on political parties violates the constitution.

Abhisit: No input sought

Mr Abhisit submitted the petition to the court via the Office of the Ombudsman, in the hope of having the order revoked.

Mr Abhisit said the move is aimed at protecting the rights of members of all parties as guaranteed by the constitution and preventing abuse of power.

Prime Minister Prayut Chan-o-cha invoked the order in his capacity as chief of the National Council for Peace and Order (NCPO). The power to issue such orders existed under the previous interim charter, but has been carried over to the present constitution.

In the petition, the Democrat leader argues that Order No.53/2017 issued to amend the organic law on parties violates basic rights guaranteed by the constitution and creates unnecessary problems.

The order fails to comply with the constitution which stipulates that power under Section 44 must be exercised for the sake of reforms, promoting unity and maintaining security.

Moreover, the order was issued to amend the organic law, with no feedback or opinions sought from concerned parties, Mr Abhisit said.

The order dated Dec 22 last year has been met with fierce criticism from both the Pheu Thai Party and the Democrat Party, the two biggest parties.

The contentious issues stemming from the amendment of the organic law are related to members of parties being required to produce letters to confirm their membership and pay party fees within 30 days of April 1 or lose their status.

The order also gives new parties a month's head start. Existing parties will not be able to begin their member registration process until April 1, while new parties can start on March 1.

Many politicians expressed concerns about the pressing deadlines introduced as a result of the order having been invoked.

Mr Abhisit said in the petition the order is unfair to the existing parties, particularly the Democrat Party which has more than 2.5 million members.

For example, party members will be required to ask several agencies for letters confirming they meet qualification requirements stipulated by the organic law.

For example, they must not be declared bankrupt or they must not be a convict sentenced by a court. Further, the order does not allow documents to be sent electronically and only party leaders can endorse party members' qualifications, Mr Abhisit added. Failure to confirm their membership within 30 days will cause party members to lose their status.

Mr Abhisit also suspects the order may be aimed at paving the way for a military-backed political party expected to be set up to draw members of existing parties to back it and support Gen Prayut and the regime staying in power.

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