THE PAVILIONS PHUKET BRITISH INTERNATIONAL SCHOOL, PHUKET
THE PAVILIONS PHUKET BRITISH INTERNATIONAL SCHOOL, PHUKET Kata Rocks
Login | Create Account Poll Currency Weather Facebook Youtube Search

List seat saga ‘may drag on’

BANGKOK: A former member of the Election Commission (EC) that is overseeing the March 24 poll voiced concern on Tuesday (Apr 16) that a controversy over the way party-list seats are calculated and allocated would drag on with no clear solution even though the matter has been referred to the Constitutional Court.

Wednesday 17 April 2019, 09:13AM


People turned up to cast their vote during advance voting at Matthayom Ban Bang Kapi School in Bang Kapi district on March 24. Photo: Bangkok Post

People turned up to cast their vote during advance voting at Matthayom Ban Bang Kapi School in Bang Kapi district on March 24. Photo: Bangkok Post

The court is due to meet today. The agenda is expected to touch on the EC’s decision last week to petition the court for a ruling on the validity of its methodology, in the wake of fierce criticism from key political parties, according to a source close to the matter.

Somchai Juengprasert, who served with the EC from 2006-2013, said the court may not accept the case for review, or it may refuse to comment on the calculation method and rule only on the legality of the organic law governing the election of MPs.

Some political observers including Mr Somchai said there is good reason to believe the court will choose not to interfere and leave the matter entirely in the hands of the poll agency.

Mr Somchai cited another case concerning the authority of the EC that was referred to the same court when he served as a poll commissioner. The court rejected the case, adding it was not designed to be the EC’s legal adviser.

In a statement issued on April 11, the EC said it wants the court to rule on whether it can calculate the party-list seats in a way that would award them to parties that garnered fewer votes than required under the mixed-member proportional (MMP) representation system used in the poll. It has also sought guidance on whether this calculation method complies with Section 91 of the constitution.

How the matter is settled will decide which partiesbetween Pheu Thai and the pro-regime Palang Pracharath (PPRP) – would be able to lead the formation of a coalition government. The PPRP is reportedly pinning its hopes on a dozen small political parties, which would be allocated one seat each if the EC’s method is used.

Mr Somchai proposed another method in which only 16 parties would be allocated party-list seats. He insisted those that captured fewer votes than the number required to get a party-list seat should not be eligible for one.

Those votes are not wasted because they are counted and calculated as part of the party-list seat allocation process. But since they were ‘defeated’ in the election, the seats should go to parties that garnered more votes,” he said.

Thanakrit Vorathanatchakul, a prosecutor attached to the Office of the Attorney-General (OAG), outlined four possible scenarios on Tuesday that might take place in the wake of the EC’s petition for a judicial review.

In an article posted on his Facebook page, Mr Thanakrit said it was unclear whether the court would accept the EC’s petition.

In the event it is rejected, he saw two possible motivations.

First, the court may decide that no real dispute has arisen, because the EC has yet to make an official decision on what calculation method it will use.

Second, the EC has the jurisdiction and authority to allocate party-list seats in line with the charter and the aforementioned organic law, so the court may argue the matter does not constitute a legal dispute over the EC’s authority.

If the court accepts the petition, it may or may not comment on the contentious calculation method, Mr Thanakrit said.

 

Read full story here.

 

 

Comment on this story

* Please login to comment. If you do not have an account please register below by simply entering a username, password and email address. You can still leave your comment below at the same time.

Comments Here:
Comments Left:
# Characters
Username:
Password:
E-mail:
Security:

Kurt | 17 April 2019 - 13:03:56

The EC is the 'butler' of the Junta. When the generals click with their fingers, the EC jumps. The EC is just a cover. Behind it, performing conjuring tricks, so Junta stays in power. It is all so crystal clear. The Senate setting was undemocratic, and now the Parliament has to be fixed. Thailand was never further away from 'Thai democracy'.

Have a news tip-off? Click here

 

Phuket community
Phuket Police say investigation into Finnish girl’s death inconclusive

Whether she was a 'girl' or a woman' is immaterial, the fact that she has died is the cr...(Read More)


PPRP ‘seals deal’ to form coalition govt

So, 'translating' what the military sources are saying is that a few civilian parties are al...(Read More)


PHUKET XTRA: VIDEO: Road rage axe attack? Drugs found in rectum! Dark web bust sees 50 kids saved! || May 23

Did the police contact the Phuket based foreign Inspector .... for his expertise on how to extract t...(Read More)


May 4 approved as Coronation Day

...How many people he thinks do really benefit from those holidays ?Most Thai's are working anyw...(Read More)


Phuket braces for heavy weather, small boats advised to stay ashore

All chinese passengers, brace for heavy sea inpact before boarding coming days! You are warned! Rem...(Read More)


Phuket braces for heavy weather, small boats advised to stay ashore

Well, mr Wiwat, just covered himself (' I told you, not my responsible any further'). When...(Read More)


Four dead as pickup truck slams into tour bus heading to Phuket

Haha...driver to check if had taken drugs/alcohol. How silly is that? Riding on the back of the tru...(Read More)


One billion baht found in teenage drug dealer’s accounts

Wow, a 19 years old thai man, in drugs business with more than 1 million thb in his personal account...(Read More)


Government clamps down on surging illegal Thai migration

And, day in, day out, many thai having been illegal staying/working in Korea of course return to Tha...(Read More)


Men arrested for axe-wielding road-rage attack on ambulance

These two morons are seriously primitive in their mental capacity and cerebral development. No way ...(Read More)