Bangkok: The investigation into alleged collusion in the Senate election is gaining attention as reports suggest that the Election Commission (EC) may consider referring the case to the Supreme Court. Legal experts and citizens alike are questioning the criteria required to escalate such a case to the highest court.
According to Thai News Agency, Associate Professor Dr. Prinya Tevanarumitkul discussed on the "Forum of Ideas" program the explanation provided by Mr. Saeng Boonmee, Secretary-General of the Election Commission. He emphasized that the decision should not solely rely on Article 226 of the Constitution but also consider Section 62 of the Organic Act on the Acquisition of Senate Membership.
The EC must evaluate three critical issues before submitting the case to the Supreme Court. Firstly, it must determine whether any actions during the selection of senators were dishonest and unfair. This extends beyond proving corruption and includes assessing if there are reasonable grounds to believe the election lacked integrity due to certain actions.
The "Senator selection slip" case illustrates the complexity of defining corruption. The debate centers on whether following or carrying a slip is corrupt or contributes to an unfair election process.
Secondly, the EC must assess the credibility of evidence presented by the two Election Commissioners. It's not necessary for the EC to have a final judgment of fraud, but rather sufficient evidence to meet legal standards. Dr. Prinya highlighted the EC's duty to act on credible evidence of unfair elections, as failure to do so could question their efficacy.
Finally, the process needs clear delineation of responsibilities. The cases submitted to the Supreme Court focus on whether the elections were fair, potentially leading to the removal of candidates or the promotion of reserves. Criminal proceedings are separate and require evidence of direct involvement, like financial misconduct.
There's also the matter of evidence in "File File Set 26." Dr. Prinya asserts that once the case is within the EC's jurisdiction, these documents undergo due process. Legal actions against those who leaked information may not affect the evidence's validity. If the case reaches court, public interest considerations will be paramount.
In conclusion, the central issue is not just collusion or corruption but whether the EC's evidence sufficiently indicates that the Senate election was unfair, warranting a Supreme Court ruling.