A legal expert has warned the Election Commission (EC) that its decision to invalidate some Senate candidates because their districts only have one group of applicants could be against the law.
The poll body has excluded contenders in seven districts that have applicants for only one of the 20 professional groups. But it most likely lacks the authority to invalidate them on that basis, said Komsan Pohkong, deputy dean of the Faculty of Law at Rangsit University.
The EC should instead extend the registration period for those districts, before the vote on June 9, said Mr Komsan, who served on the House committee overseeing the draft of the 1997 constitution.
The Senate election law states that the process should continue with the available candidates.
“Invalidating them would likely be illegal as the process could otherwise be continued without any impact, even if there is only one group of people that apply as candidates for the Senate,” he said.
Sawang Boonmee, the EC secretary-general, said on Monday that seven districts out of 928 nationwide had just one group of applicants. They are Muang Yang district in Nakhon Ratchasima, Sam Chai (Kalasin), Mae Rim, Na Noi and Chiang Klang in Nan, Pang Sila Thong (Kamphaeng Phet) and Umphang district in Tak.
He said EC regulations call for a cross-group election. As those seven districts lack other groups to join the cross-group vote, their candidates are not valid, in his view.
Mr Sawang also said there are 10 “at-risk” districts that only have two groups of applicants, such as Khao Kitchakut in Chanthaburi and Kham Sakae Saeng in Nakhon Ratchasima. If the applicants from one group fail to show, none of them will be eligible for the vote, he added.
Stithorn Thananithichot, director of the Office of Innovation for Democracy at King Prajadhipok’s Institute, challenged Mr Sawang’s assertion.
“I think the EC must not bypass any steps,” he said. “Candidates are required to vote among themselves in the first round. In the second round, if there are no other groups to cross-vote, everyone gets zero points.
“The EC’s rules also state there will be drawing of lots in the case of ties, but this interpretation skips steps.”