The Election Commission (EC) plans to take criminal and civil action against a Move Forward Party MP for running in the May 14 election despite having been previously convicted and jailed for theft, according to its chairman.
EC chairman Ittiporn Boonpracong said yesterday the candidacy of Rayong MP Nakhonchai Khunnarong should have been barred by Section 98 of the constitution which sets criteria for those running for parliament. These include a ban on those who have a criminal conviction (with some exceptions).
If a candidate runs in a general election despite knowing he or she is ineligible, that can also be considered as committing an offence in violation of Section 151 of the MP election law.
He or she can be held responsible for any costs incurred during that time in accordance with Section 420 of the Civil and Commercial Code, Mr Ittiporn said.
He said the EC was aware of the MP's announcement that he would resign by the end of this week. "There is the issue of a criminal offence under Section 151 of the organic law on MP elections and there could also be a civil lawsuit to demand compensation for the cost of a by-election," Mr Ittiporn said.
Mr Nakhonchai, aka Ice Rayong, announced his resignation on Thursday last week after admitting he had been convicted in a theft case and served 18 months in jail 24 years ago.
The case dates back to October 1999 when he was 20 years old, he said. He was partying with a group of friends when he found a woman's wristwatch on a table.
He took it to "examine" when the police showed up. He and his friend were arrested. His friend confessed to stealing the wristwatch but he denied it. At the police station, he said he unknowingly signed a confession.
He was sentenced to three years in jail, but the sentence was cut in half due to his confession.