Secret message: The examination board has fallen apart. Senator Val rake is in the Electoral Commission's next decision is in the hands of the Constitutional Court.


“Deep Secret Message” Published by SONDHI APP Application.TV station NEWS1 YouTube channelMessage 1 and a Facebook fan page Message 1 The Board of Managers Tuesday, July 2, 2024, episode by Politics and Justice News Editor Nobart Bruanczuk Throw away the selection board. Senator Val rake is in the Electoral Commission's next decision is in the hands of the Constitutional Court.

Although the election of members of the Senate (Senators) has already passed, it seems that all 200 prospective senators still cannot easily enter. The Senate had to postpone the deadline set for July 3 due to a large number of complaints, after the Election Commission began sending signals that the certification process would begin.

An important issue which the Election Commission feels should be considered in detail is the matter of verifying the qualifications of the prospective candidates. A senator is not as objective as many think.

There are many more flawed senators in addition to the selection process. The Organic Law on the Acquisition of Senators, 2018, Article 42, does not require the certification of the results of the election of senators within 5 days, and the results can only be considered by the Senate. This means that the Election Commission has unlimited time to consider all the issues. This is unlike an election where the Election Commission must first certify within 60 days of the election day.

There are 2 lines of petitions that pose interesting problems to follow: Line 1, former Senate candidate (Senator), Group 12, former candidate's representative, Mr. Chakrabong comes from Gongpanya. Senators who have targeted the illegal selection process have been secretive about the exercise of discretion by officials of the Ministry of Interior since the district-level selection. Submitting the request to the Election Commission, he petitioned the Administrative Court to order the Election Commission to delay the certification of the Senate results, seeking an urgent hearing.

As for the second line, it comes from the current senator and chairman of the Senate Committee on Independent Institutional Affairs under the Constitution, 'Klanrong Chandik', who suggested that the Election Commission should consider reviewing the selection of senators. By proposing that the Election Commission exercise its power under Article 59 to order suspension, restriction and commutation. Or cancel the examination and order a fresh examination. Or recount the votes

However, if someone is found to be breaking the law, there are many legal aspects. Or should the process of electing senators be completely lost and abolished if only one does not have all the qualifications?

On this issue, I see former Constitutional Drafting Committee advisor 'Jed Donavanick' as a hoax, if it is indeed a hoax. But as for the merits, it has to be considered on a case-by-case basis. This is contrary to the approach of the current senator, 'Seree Suwannaphon', who thinks that crimes should only be considered individually.

However, it is also possible when we look at the conditions of Section 59 of the Act, the issue raised by 'Klanrang' for consideration by the Election Commission. This is because the law gives the Election Commission the power to elect new senators. But if you look at the truth, the chances of that happening are slim. Because the Election Commission seems to find itself in the crosshairs.

It seems that the Election Commission will not agree to that and as a result, the decision will have to be taken in the Constitutional Court. Although in the past the Constitutional Court has never ruled on the process of obtaining senators before, but we should not forget that the Constitutional Court has already ruled twice that the election of MPs is invalid.

Looking back at the court's decisions in the past. It shows signs that the Constitutional Court may decide on this issue as well. In particular, decision no. 9/2006 shows.

Is there only one candidate in multiple constituencies? Some political parties that do not yet have MPs have neither candidates nor MPs. Such irregularities lead the Constitutional Court to look into the democratic system of governance by electing representatives to rule the country. It cannot be constitutional.

Given the current situation in the election of senators, there are various irregularities such as voting that appears to be in the same group. There may be gaps in the recovery of benefits or even the qualifications of senators depending on the interpretation of whether these issues affect the spirit of the Constitution or not.

So the first sword in the hands of the Election Commission will not work and the next sword should be in the hands of the Constitutional Court. Anything can happen when that time comes. But now we wait for the time.

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