Election Commission of Thailand, Aug. 16 – Election Commission rebutted “Pitha” for not bullying – deliberately punishing clarify the criminal investigation process 151 has not yet been completed Waiting for the constitutional court's ruling for consideration before presenting to the meeting
Office of the Election Commission News document issued by Mr. Pita Limcharoenrat far-reaching party leader Posted a message that the Election Commission of Investigation and Inquiry has resolved to dismiss the complaint in the criminal case under Section 151 of the allegation. that he already knew that he had no right to run for election due to lack of qualifications or having prohibited characteristics from exercising the right to apply for election as an MP to apply for election or submit a letter of consent for political parties to nominate candidates for party-list elections From the news case, the Election Commission therefore set up an investigative and investigating committee. To consider whether it violates Section 151 according to the Organic Act on the Election of the Sor Sor 2018 and its amendment (2nd edition) 2023 (Sor Sor Sor Act) or not in any way. clarified that in the election Three MPs with voters filed a petition with the Election Commission of Thailand alleging that Mr. Phitha was a shareholder of ITV Public Company Limited number 42, 000 shares which is a media business believed to be possessed of prohibited characteristics according to Section 98 (3) of the Constitution, but the said petition was filed beyond the time limit prescribed by law The Election Commission therefore has a resolution to reject all such requests for consideration.
But when the Election Commission has considered It is of the opinion that the details presented in accordance with the facts and evidence of the applicant have reasonable grounds to believe that Mr. Phitha may have prohibited characteristics from running for the House of Representatives due to suspicious grounds or appearances. therefore resolved to appoint an investigation and inquiry committee in order to carry out the investigation According to Section 151 of the Election Act, Mr. Phitha violated the law or not. At this time, the investigation has not been completed and the facts are final. It is in the process of investigation and investigation according to the hierarchy of regulations and laws. After that, facts, laws and opinions will be presented to The Election Commission shall consider and make further orders.
On June 19, the Election Commission announced the election results, causing Mr. Pita to have a membership as a party-list MP, but it appeared that the Election Commission had considered facts and had reasonable doubts or appearances to believe that Mr. Phitha may have prohibited characteristics from exercising the right to apply for election as an MP under Section 98 (3) as a result of being a shareholder of ITV Public Company Limited may result in members Mr. Phitha's status as a member of the House of Representatives must be terminated under Section 101 (6) of the current constitution. in order to collect facts, evidence, legal matters and opinions to present to Election Commission to consider the next order. The fact-finding committee found that there were reasonable grounds to believe that Mr. Phitha's membership as MP might have terminated. therefore, further commented The Election Commission has resolved to submit a petition to the Constitutional Court to further rule in accordance with the provisions of Section 82 of the current Constitution.
The Election Commission would like to clarify that the committee As appointed by the Election Commission of Thailand, 2 committees have completely different duties and powers. with independence Not directly under each other's command Therefore, the Investigation and Inquiry Committee What is your opinion? can be regarded as a preliminary discretion It is only part of the investigation and inquiry process. There will be many processes and procedures that must be followed in the investigative regulations. The said process has not yet ended. The Election Commission will consider it in the last order.
In considering whether Mr. Phitha committed an offense under Section 151 of the Election Act or not, the Election Commission must refer to the decision of the Constitutional Court. to use in deciding to take criminal action against Mr. Phitha or not As a guarantee that a person will be punished in a criminal way Give the accused an opportunity to bring evidence, facts and legal matters to fight and refute all allegations.
For filing a petition to the Constitutional Court to consider the case of Mr. Pita's membership of the House of Representatives having an expiration date. It is an operation according to Section 82 of the Constitution. It is an inquiry system. The judges of the Constitutional Court can use such powers to examine the facts and seek evidence from various sources on their own. As desired by the Election Commission of Thailand, the Constitutional Court therefore has the power to decide whether Is Mr. Phitha a shareholder in media business? If the Constitutional Court decides anything would directly affect Mr. Phitha's membership as an MP by the decision of the Constitutional Court bound to every organization
Therefore, the process of prosecuting criminal proceedings under Section 151 of the Election Act against Mr. Phitha has not been completed or has absolute results. Or deliberately make Mr. Pita must be punished according to any law This may confuse the public and misunderstand that the process under Section 151 of the Election Act is the same process as filing a petition to the Constitutional Court for a decision on qualifications under Section 82 under the current constitution. .- Thai News Agency
Source: Thai News Agency