Calls for poll build after court's OK

Calls for poll build after court's OK

Judges clear charter hurdle to next election

The Constitutional Court gave thumbs-up to the final law needed to hold an election. (File photo)
The Constitutional Court gave thumbs-up to the final law needed to hold an election. (File photo)

Politicians and academics are upbeat after the Constitutional Court's ruling Wednesday to clear the organic bill on the election of MPs, saying the regime has no excuse to postpone the election expected in February any more.

The court's judges were unanimous in ruling that the bill does not violate the 2017 constitution, the court said.

Deputy Democrat leader Nipit Intarasombat and Rangsiman Rome, leader of the Democracy Restoration Group said that following the court ruling, the National Council for Peace and Order (NCPO) had no reason to defer the election beyond next February. Mr Nipit also urged the regime to quickly lift the ban stopping political parties from organising activities related to their election campaigns.

Chousak Sirinil, head of Pheu Thai Party's legal team, said Order No 53/2017 stipulates the ban on political activities will be lifted when all poll-related laws are enacted.

If the regime lifts all political restrictions when the bill on the election of MPs is published in the Royal Gazette, political parties will have more time to prepare for the poll, Mr Chousak said. Still, he believed that the regime would revoke the ban on political activities after the bill takes effect.

Wanwichit Boonprong, a political scientist at Rangsit University, said parties are expected to ratchet up pressure on the NCPO to lift the ban.

Deputy Prime Minister Wissanu Krea-ngam previously confirmed the NCPO would organise a meeting with parties in June to discuss issues associated with the poll preparations. Speculation is rife the NCPO will lift the ban on political activities next month to allow parties to prepare properly for the highly anticipated poll, which has already been delayed numerous times.

Mr Wanwichit said that at the June meeting the NCPO might only explain to parties what to do next, while parties are expected to demand the meeting be broadcast live so they would press the prime minister for a clear answer on the lifting of the ban.

On Wednesday, the court gave its ruling on whether two sections in the bill were constitutional or not. The two issues were Section 35 on the revocation of political rights for those who fail to vote and Section 92 on allowing others to mark the ballot card at a polling booth for voters with disabilities.

The bill sailed through the National Legislative Assembly (NLA) in March, but 27 members decided to petition the court to look into the matter after Prime Minister Prayut Chan-o-cha fretted about the bill's legality, worrying it could pose legal problems later if its constitutionality remained unclear -- a move some suspected might be a ploy to further delay the general election.

The main concerns they cited were one clause that allows election staff or others to help disabled people cast their vote, and another that bars anyone who previously failed to vote in a national election without due cause from being appointed as a political office-holder. The bill on the election of MPs is the last of the 10 organic laws required by the constitution to be promulgated before an election can take place.

The ruling clears the way for the prime minister to submit the bill for royal endorsement. After it is published in the Royal Gazette, the law will take 90 days to come into effect -- and the constitution requires an election to take place within 150 days of that date.

Jade Donavanik, an adviser to the Constitution Drafting Committee, said the court's ruling was expected, adding the court might not want to become a target of criticism if it finds fault with the detail. However, Mr Jade said he did not believe the election roadmap would proceed smoothly because Gen Prayut often said that "if there is nothing [wrong], or unless it is necessary, who wants to delay the election?"

Mr Jade said the prime minister repeated this so often that he was not sure if the poll would be held as expected.

Meanwhile, the Constitutional Court will rule next Tuesday on whether Order No 53/2017 issued by the prime minister as the NCPO chief to amend the organic law on political parties violates the constitution.

Under the order issued on Dec 22 last year, members of parties are required to produce letters confirming their membership and pay party fees by April 30 or lose their status.

The Office of the Ombudsman decided to seek a ruling on the order following petitions by the Democrat and Pheu Thai parties which argue the order violates basic rights to party membership and creates unnecessary burdens.

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