More EC buffalo excrement

2 10 2020

The latest case before the Supreme Court’s Criminal Division for Holders of Political Positions, deserves attention, for the court has been forced to make a decision that is sensible and legal. Not even the judiciary was prepared to uphold the hopelessly biased and junta appointed Election Commission’s decision in a case against former Puea Thai Party MP Surapol Kiatchaiyakorn.

As Khaosod reports, the court overturned an “orange card” given to Surapol by the EC during the 2019, when it accused him of bribing voters. Surapol won in Constituency 8 of Chiang Mai province, for Puea Thai, and in its efforts to ensure that the junta’s party, Palang Pracharat “won” government, the EC disqualified Surapol and, with the orange card and a one-year ban, prevented him from running in the election re-run in the constituency.

The new poll gave “victory” to Palang Pracharath, but in a convoluted way. As Thisrupt explains, District 8 was won in the new poll by Srinual Boonlue won 75,891 votes, the largest in the entire country. Back then, she represented the now-dissolved Future Forward Party…. It was understood, supporters of Pheu Thai and Future Forward banded together to vote Srinual.” Within a year, “Srinual defected and joined the government coalition partner, Bhumjaitai Party, and became an avid defender of General Prayut Chan-o-cha.”

Chitpas and royalists opposing lese majeste reform (a Bangkok Post photo)

But the junta’s EC did far more for The Dictator than just overturning the voter’s original choice. Under the complex vote allocation system the junta put in place, “Surapol’s disqualification allowed two party-list candidates to become MPs.” The victors of this electoral sleight of hand were Palang Pracharath’s Watanya Wongopasi and the (anti)Democrat Party’s Chitpas Kridakon, both royalist anti-democrats, supporters of the People’s Democratic Reform Committee that paved the path to the 2014military coup, and and fans of Gen Prayuth’s premiership.

In other words, the disqualification – ruled legally wrong – eventually gave the regime three seats in parliament.

But guess what? None of this matters! Why? Because the junta’s 2017 constitution makes all EC decisions final, even if they are wrong and ruled so by the courts. The relevant section states:

Section 225: Prior to the announcement of the result of an election or a selection, if there is evidence to reasonably believe that such election or selection has not proceeded in an honest or just manner, the Election Commission shall have the power to order a new election or selection to be held in such polling station or constituency. If the person who committed such act is a candidate for the election or selection, as the case may be, or such person connives at the act of other persons, the Election Commission shall temporarily suspend the right of such person to stand for an election in accordance with the section 224 (4).

The order under paragraph one shall be final.

In other words, the junta’s constitution elevates the EC above courts.

While Surapol is not giving up and may sue the EC and get charges laid against the Commissioners in the Criminal Court,

For its part, the wrong and probably illegal actions of the EC count for nothing. According to the Bangkok Post, the EC insists “it did not wrongfully disqualify the politician.” EC secretary-general Jarungvith Phumma, said he disregarded the court’s decision: “The court saw him [violating the election law] without an intention [that’s buffalo talk for the court finding he hadn’t engaged in money politics], which is not in line with the EC’s opinion. But all the investigation processes were legitimate, and the court also agreed with the EC’s decision to give the orange card.”

How high can the double standards be piled in Fantasy Land? If the investigation was legitimate, how did it get it wrong? If the decision was wrong, how could the vote be overturned?

The answers are, of course, that the EC and the judiciary worked hand-in-glove with the military and the junta to rig the election and they got away with it.


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