NLA flip-flop stirs poll delay fear

NLA flip-flop stirs poll delay fear

Assembly asks court for ruling on MPs bill

The Constitutional Court's offices at the Government Complex, Chaeng Wattana Road. The National Legislative Assembly has finally decided to ask justices to consider the key election bill concerning election of MPs. (File photo)
The Constitutional Court's offices at the Government Complex, Chaeng Wattana Road. The National Legislative Assembly has finally decided to ask justices to consider the key election bill concerning election of MPs. (File photo)

National Legislative Assembly (NLA) members have decided to ask the Constitutional Court to rule on an organic bill on the election of MPs, raising concerns over whether the election will be delayed again.

The Wednesday U-turn by the NLA came following Prime Minister Prayut Chan-o-cha's reaction just 24 hours earlier that he did not want to submit the bill for the royal endorsement as long as there were still disputes over the legislation.

The Constitution Drafting Committee (CDC) previously requested the NLA to forward the bill to the charter court to rule on its legal validity, the same as with the bill on the selection of senators but the NLA was not convinced and forwarded it to the prime minister to submit it for royal endorsement instead.

NLA member Kittisak Ratanawaraha explained Wednesday at least 25 members, the minimum number required by law, signed a petition seeking the judicial review on the draft law to avert any complications that might arise later.

An NLA source said Wednesday the petition is ready for submission to NLA president Pornpetch Wichitcholchai who is expected to forward it to the court on Monday.

Earlier, the NLA decided to seek the Constitutional Court to rule on the constitutionality of the organic bill on the selection of senators only.

The NLA can seek the court's ruling without waiting for Gen Prayut to reject the bill and return it to them, said Mr Kittisak who also signed the petition.

The group's move is also in line with the premier's decision to have legal specialists look at the bill before it is submitted for royal endorsement, he said.

Mr Kittisak insisted the decision to ask for the ruling is not an attempt to stall the general election while admitting it might have a little impact on the preparations for the general election.

He said several groups have reservations about some of the provisions and they include Meechai Ruchupan, chairman of the CDC.

"If a request for a ruling were to be filed afterwards, there will be greater complications," he said.

"We didn't flip-flop on the decision. But because the public has some doubts about the bill, we think it's best to have them cleared up as soon as possible," he said.

The NLA will ask the court to rule on two issues that the CDC has disputed.

One concerns a clause that allows election staff or other individuals to help disabled people cast their vote, something the charter drafters said could conflict with the stipulation that ballots must be cast in secret.

Another involves the clause that prohibits people who fail to vote in national elections without good reason from being appointed as political office holders, something that the CDC considers as being a step too far.

The move is raising concerns that the election roadmap will be further pushed back from February.

Pheu Thai member Chusak Sirinil questioned the move to ask the Constitutional Court to rule on the bill on elections of MPs, saying it could affect the election road map.

He said he saw the move unnecessary because the issues to be brought before the court were not serious enough to see the polls invalidated afterwards.

But Mr Meechai said earlier if the NLA petitions the court to rule on the bill constitutionality, it is unlikely to affect the election road map as the NLA can ask the court to consider and make a decision within 30 days.

An NLA source said based on the Constitutional Court's previous ruling on the constitutionality of the bill on the selection of the National-Anti Corruption Commission members, the court took about one month to rule.

The Stock Exchange of Thailand index fluctuated wildly Wednesday and finally dropped by 17.59 points, or 0.98%, to close at 1,784.99 points.

It is believed this happened partially as a result NLA's U-turn on submitting the bill to the court.

Asia Plus Securities said factors that affected the Thai stock market are both local and external.

Besides the international trade war and US interest rate increase prospects, the market remains concerned whether the election road map will be intact in February next year, according to the brokerage firm.

Meanwhile on Wednesday, the Constitutional Court accepted the petition on the bill governing the selection of senators for a ruling and asked the NLA members and the CDC to submit their opinions to the court before April 18.

The focal issues are provisional clauses allowing both Senate candidates to field themselves and organisations to field candidates for selection and demanding intra-group selection among candidates instead of cross-group voting.

Democrat Party leader Abhisit Vejjajiva, left, talks to Pheu Thai Party acting secretary-general Phumtham Wechayachai, right, as they attend the Election Commission's forum to clarify do's and don'ts for existing political parties, held Wednesday. (Photo by Patipat Janthong)

In another development, the Office of Election Commission (EC) plans to ask the National Council for Peace and Order (junta) to allow political parties to proceed with the primary vote process as soon as the political ban is lifted.

Pheu Thai's acting secretary-general Phumtham Wechayachai expressed concerns that several parties would see their membership shrink after the EC insisted on a 30-day payment requirement.

"It will deal a serious blow to every political party," he said.

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