Constitutional Court rejects 2 petitions from EC regarding unfair selection of senators

The Constitutional Court unanimously voted not to accept 2 petitions requesting a ruling that the Election Commission had unfairly and unjustly organized the selection of senators, because they did not meet the criteria for consideration. The Constitutional Court held a meeting to discuss important cases and unanimously voted not to accept the petition filed by Mr. Pinyo Boonruang requesting the Constitutional Court to consider and rule according to Section 213 of the Constitution that the Election Commission (EC) and the EC Secretary-General had determined the voting method and ballot format without using secret ballot, which violated Section 33 of the Organic Act on the Acquisition of Senators 2018 and had issued an announcement of the Election Commission regarding other similar characteristics according to Section 11, paragraph two of the Organic Act on the Acquisition of Senators 2018 and the EC regulations on the selection of Senators 2024, which resulted in the selection of Senators not being honest an d fair, which violated the Constitution, Sections 4, 25, 26, 50 (10) and 107 and the Organic Act on the Acquisition of Senators 2018, Sections 4, 33 and 59. The Court found that, based on the facts of the petition, additional petition, and supporting documents, Mr. Phinyo disputed the actions of the two defendants and the issuance of regulations and announcements related to the selection of senators. If Mr. Phinyo believes that it is an act that violates rights or freedoms, the petitioner may exercise his rights in accordance with the judicial process in another court. This is a case where the Constitution or the organic law has specifically specified the process for petitioning or the person with the right to request the court to consider and rule according to the Organic Act on the Procedure of the Constitutional Court 2018, Section 47(2), which Section 46, paragraph three, stipulates that the Constitutional Court must order not to accept the petition for consideration. Therefore, the petitioner may not fi le such petition according to Section 233 of the Constitution. In addition, there was a unanimous resolution not to accept the petition for consideration in the petition that Mr. Kongdecha Chairat requested the Constitutional Court to consider and rule in accordance with Section 213 of the Constitution that the Organic Act on the Acquisition of Senators B.E. 2561 Section 40 Paragraph One (5), Section 41 Paragraph One (5), and Section 42 Paragraph One (5) conflict with or contradict the Constitution, Section 107, and that the actions of the EC and the EC Secretary-General in organizing the selection of senators were not honest and just, and were unlawful and unconstitutional. The Constitutional Court considered the facts according to the petition, additional petition, and supporting documents, which Mr. Decha claimed that the Organic Act on the Acquisition of Senators B.E. 2561 Section 40 Paragraph One (5), Section 41 Paragraph One (5), and Section 42 Paragraph One (5) conflict with or contradict the Constitu tion, Section 107. This is a case of filing a petition requesting the Constitutional Court to examine the constitutionality of a law, as the Constitution specifically provides for the right. According to the Constitution, Section 212 and Section 231 (1), if it does not comply with the criteria, methods and conditions according to the Organic Act on the Procedure of the Constitutional Court B.E. 2018, Section 48, in conjunction with Section 47 (2), which Section 46, paragraph three, stipulates that the Constitutional Court shall order not to accept the petition for consideration, therefore, Mr. Decha may not file such petition according to the Constitution, Section 213. As for the case where Mr. Decha claimed that the actions of the two defendants in organizing the election of senators were not honest and fair, and were not in accordance with the law and the constitution, this was a case where Mr. Decha requested an investigation into the organization of the election of senators, which the Organic Act on the Acquisition of Senators B.E. 2561 specifically stipulates the process for petitioning or those with the right to request the court to consider and rule according to the Organic Act on the Procedure of the Constitutional Court B.E. 2561 Section 47 (2), which Section 46, paragraph three, stipulates that the Constitutional Court must not order the petition to be considered. Therefore, Mr. Decha cannot file such petition according to the constitution, Section 213.-314 Source: Thai News Agencyl