Thai Raksa Chart's fate unclear

Thai Raksa Chart's fate unclear

Dissolution a possibility with poll chiefs set to discuss legality of PM pick

quiet retreat: The head office of the Thai Raksa Chart Party on Chaeng Watthana Road is quiet after the party cancelled all election campaign activities yesterday following His Majesty the King's royal command stating that inviting a member of the royal family into politics is highly inappropriate.
quiet retreat: The head office of the Thai Raksa Chart Party on Chaeng Watthana Road is quiet after the party cancelled all election campaign activities yesterday following His Majesty the King's royal command stating that inviting a member of the royal family into politics is highly inappropriate.

The fate of the Thai Raksa Chart Party is hanging in the balance as calls mount for the Election Commission (EC) to investigate whether it has committed a serious offence under the organic law governing parties by putting forward Princess Ubolratana as its prime ministerial candidate.

A probe against the party for a possible breach of Section 92 of the 2018 Political Party Act is widely anticipated following His Majesty the King's royal command stating members of the royal family should not be drawn into politics.

Paiboon Nititawan, leader of the pro-military People Reform Party, who on Friday urged the EC to order the party to suspend the princess' nomination, said the EC should consider the issue when it meets on Monday.

Section 92 of the act says that after obtaining credible evidence that a party has committed an act deemed hostile to the constitutional monarchy, the EC must propose the dissolution of the party to the Constitutional Court.

Mr Paiboon said the EC must act without waiting for a petition to be lodged because Thai Raksa Chart has now submitted the party's prime ministerial nomination to the commission.

However, he said he will not pursue the issue further because the royal command is clear.

"The EC must issue a ruling. As for myself, I do not have to do anything further. The royal command has made it clear for the people," he said.

In the royal command issued late on Friday, hours after the princess's nomination, and broadcast on national television, the King said that although the princess had relinquished her royal title by law, she is still a royal family member by tradition and still performs activities on behalf of the royal family.

"In conducting herself and performing her duties, the princess has been assisted by royal court officials and state officials attached to the princess's private office. Bringing a high-ranking member of the royal family into politics, in whatever manner, is an act in violation of the royal tradition and culture and highly inappropriate.

"All constitutions, including the current one, contain a specific chapter on the monarch. They govern provisions endorsing the special status of the royal institution in line with the constitutional monarchy. The king is above politics and holds a position of respect. No one may violate, accuse or file charges against him in any way. The provisions also cover the queen, heir apparent and royal family members close to the king.

"The same principles of being above politics and political neutrality also apply to all royal family members. They may not hold any political position as it is against the intention of the constitutions and constitutional monarchy tradition," said the royal announcement.

The announcement also said that despite having relinquished her royal titles in compliance with the royal custom, the princess maintains the status of a member of the Chakri dynasty.

EC secretary-general Jarungvith Phumma said on Saturday the commissioners expect to discuss all relevant legal issues when they meet on Monday.

One of them is believed to be whether the EC is authorised to examine the qualifications of prime ministerial candidates put forward by parties.

The law only requires the poll agency to announce the candidates.

Another issue is expected to involve the EC's regulation prohibiting parties and election candidates from involving the monarchy in election campaigns in the wake of the Thai Raksa Chart's unprecedencted nomination.

According to a political source, the EC may consider Mr Paiboon's petition urging the agency to order the Thai Raksa Chart to suspend the princess' nomination.

The EC can also order a probe against the party without a petition, in the event that acts of violating the election and political laws are suspected, as allowed by Section 41 of the organic law governing the EC, the source said.

Prapan Naikowit, a former election commissioner and former charter writer, said the EC will have to consider whether Thai Raksa Chart has committed an offence that warrants its dissolution.

"This is nothing new and it is a long-standing principle. But whether or not it [the Thai Raksa Chart's action] is serious, the EC has to gather evidence and exercise its judgement [whether to seek a Constitutional Court ruling]," he said.

Thai Raksa Chart on Saturday said it accepted the royal command with full loyalty to the King and all members of the royal family.

The party also cancelled campaign activities scheduled in Pathumwan, Bang Rak, Sathon, Bang Kholaem and Yannawa districts of Bangkok on Saturday.

It did not elaborate on the reason for the cancellation.

The party's head office on Chaeng Watthana Road was almost deserted with only a handful of supporters showing up for work.

Meanwhile, the Pheu Thai Party on Saturday urged its members and election candidates to be careful when expressing their opinions while the Puea Chat Party postponed its campaign in the northeastern region scheduled Feb 8-15 to assess the political situation.

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