EC's neutrality questioned
Puea Thai casts doubt on EC resolution
- Published: 18/12/2009 at 04:36 PM
- Online news: Politics
Election Commission chairman Apichart Sukhagganond has promised to rule as soon as possible on the Democrat Party's alleged unlawful 258 million baht donation from PTI Polene.
He insisted he did not feel under pressure.
Mr Apichart said at a meeting on Thursday three of the five EC members resolved that he, as the ex officio political party registrar, should make the ruling; one wanted the commission to ask the Constitution Court to decide right away whether to dissolve the Democrat Party; and he was of the opinion that the petition should be dismissed.
He had to comply with the majority's resolution, Mr Apichart said.
Mr Apichart said he would carefully go through the case and make a straightforward ruling as soon as possible without feeling any pressure.
Election commissioner Sodsri Sattayatham said she expected Mr Apichart to forward his decision to the EC for consideration next week.
Puea Thai Party spokesman Prompong Nopparit said the EC resolution that its chairman, the ex officio political party registrar, should make the decision in the donation case may be illegal.
Mr Prompong said the decision on whether to ask the Office of the Attorney General (OAG) to seek the Constitution Court's decision on the Democrat Party's possible dissolution should be made by the EC as a whole, not by the political party registrar.
According to Article 95 of the Political Party Act, it is the duty of the political party registrar to ask the OAG to seek a final ruling from the Constitution Court regarding a party dissolution after the EC has made a decision. This means the EC, as an organisation, is responsible for making the decision, not the EC chairman alone.
Therefore, the EC resolution for Mr Apichart alone to make a ruling on the case may be against the law, Mr Prompong said.
The Puea Thai spokesman also said Mr Apichart might not be impartial enough since he was a schoolmate of Banyat Bantadtan, a senior Democrat Party member.
If the EC follows Mr Apichart's ruling, Puea Thai MPs would seek to remove the EC from office and take criminal action against it, Mr Prompong said.
If the Constitution Court ruled to dissolve the Democrat Party, the party's executives would be banned from politics for five years, he said.
Plodprasop Surasawadi, a Puea Thai Party deputy leader, also said he was surprised by the EC's decision that the political party registrar alone should make the ruling, which should be made in the name of the commission.
Mr Plodprasop believed the EC made was not able to find a way out in this case. He said the EC had treated the Democrat Party's case differently from the one against Thai Rak Thai.
Democrat Party secretary-general Suthep Thaugsuban said he was confident that the alleged illegal campaign donation will not lead to the dissolution of the ruling party.
The deputy prime minister said this matter involves individuals and not the party as a whole.
The Nation has this
PARTY DISSOLUTION
Suchart in favour of dropping Democrat dissolution case
Election Commission chairman Suchart Sukhagganond, speaking in his capacity as the registrar of political parties, on Friday voiced his legal opinion in favour of dropping the party dissolution case involving the Democrats.
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I have a feeling that Suchart Sukhagganond of the EC may be the final straw and catalyst to push the Reds towards violence.
