The Election Commission (EC) on Thursday defended its decision to seek the dissolution of the opposition Move Forward Party (MFP) over its support for the revision of the lese majeste law by saying that the move followed proper legal procedures under the organic law on political parties.
EC member Pakorn Mahannop said the commission's decision was based on Section 92, not Section 93, of an organic law, which authorises the EC to file a request with the Constitutional Court to disband the MFP without conducting an inquiry.
Mr Pakorn pointed out the differences between both sections. Section 92 of the 2018 Political Parties 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 court without a need to conduct an inquiry, he said. Cases under Section 93 require the EC to launch a probe and allow the accused to respond to the allegations, while Section 92 does not, he said.
The EC was forced to clarify the matter after the Constitutional Court on Wednesday instructed it to submit further evidence in the dissolution case against the MFP. The main opposition party had cried foul, saying the poll agency forwarded the case without any prior investigation.
Mr Pakorn said the EC's request for the dissolution of the Thai Raksachart Party ahead of the 2019 election was also based on Section 92 of the political party law. The petition was accepted by the Constitutional Court which ruled to dissolve the TRC, he said.
He also said that the EC's opinions on whether a political party should be dissolved are not relevant at all. "The EC can't give an answer to such a question. It can't agree or can't disagree. It's obliged to respect the law and do what is required by the law. We follow and respect the Constitutional Court's decision."
When asked about EC Chair Ittiporn Boonpracong's remarks in a video clip that the EC did not follow the legal steps, Mr Pakorn said the chair's remarks must be considered with context, not just a part of it.
Asked about the MFP's claim that Section 93 also applied in its case, Mr Pakorn said the EC found the case to fall under Section 92.
The EC's decision to ask the Constitutional Court to disband the MFP followed the court's ruling on Jan 31 this year that the MFP's ongoing efforts to change Section 112 of the Criminal Code, the lese majeste law, indicated an intention to undermine the constitutional monarchy.