The Election Commission (EC) is poised to petition the Constitution Court to rule whether the EC or the government can authorise the announcement of polls in 28 constituencies in the South. Anti-government protests barred candidates from registering to contest the Feb 2 election in 28 constituencies in the southern provinces and an election rerun has to be called in these areas to complete the contest. The EC wants the government to issue a new royal decree for the election rerun to go ahead but the government argues such a step would violate the constitution. EC member Somchai Srisuttiyakorn said yesterday the agency will ask the charter court to rule on who would be able to authorise the rerun as the government has made it clear that it would not re-issue a royal decree for the purpose. He said the petition can be lodged without a formal reply from the government.
”The fact that the cabinet members took note on the issue would be adequate for filing the petition,” said Mr Somchai.
EC secretary-general Puchong Nutrawong said the Constitution Court had to be called in to settle the issue because the EC and the government are in conflict.
Mr Puchong said Pongthep Thepkanchana, caretaker deputy prime minister, has submitted the cabinet’s acknowledgement of EC’s request for the government to issue the royal decree for the election rerun.
The cabinet also acknowledged the Council of State’s view that it was the EC’s duty to fix the date for the 28 constituencies.
Mr Puchong said he would send the petition draft to the EC members for consideration before forwarding it to the charter court.
Full Article: EC asks court who has poll authority | Bangkok Post: news.