The Constitutional Court unanimously voted to dismiss 2 petitions to overturn the election of the senators because they did not meet the criteria set by law.
The Constitutional Court unanimously voted not to accept the petition for consideration in the case where Mr. Noppadon Sudprasert requested the Constitutional Court to consider and rule according to Section 213 of the Constitution that the Organic Act on the Acquisition of Senators 2018, Section 15, Paragraph Three, which states that applicants have the right to apply in the group according to Section 11 (20), even if they have knowledge, expertise, experience, occupation, characteristics or common interests, or work or have worked in other fields in other groups, conflicts with or contradicts Section 107, Paragraph One and Paragraph Two of the Constitution or not.
The Constitutional Court discussed and found that based on the facts of the petition and the documents attached to the petition, Mr. Noppadon requested the Constitutional Court to examine t
he constitutionality of the law. The Constitution specifically provides for the right to file a petition, according to Section 212 and Section 231 (1) of the Constitution. In cases where it does not comply with the criteria, methods, and conditions of the Constitutional Court Procedure Act 2018, Section 48, in conjunction with Section 47 (2), Section 46, paragraph three, provides that the Constitutional Court must order not to accept the petition for consideration. Therefore, the petitioner may not file such a petition according to Section 213 of the Constitution.
There was also a unanimous resolution not to accept the petition for consideration in the case where Pol. Lt. Gen. Kritchai Thuanthong and Mr. Dan Preecha, the two petitioners, requested the Constitutional Court to rule under Section 49 of the Constitution that the Election Commission and the Secretary-General of the EC and a group of 8 jointly carried out the announcement of the results of the senator election, issued the Election Commission Annou
ncement on the results of the senator election dated July 10, 2024, despite having reasonable grounds for suspicion and evidence to believe that the 2024 senator election at the district level on June 9, 2024, the provincial level on June 16, 2024, and the national level on June 26, 2024 were not conducted honestly and fairly. The actions of the EC and the Secretary-General of the EC, which did not order to suspend, stop, amend, change, cancel the election, and order a new election or a new vote count, were unconstitutional and illegal, and were eroding, undermining, deteriorating, weakening, or destroying the legislative institutions, which are part of the sovereign power. It is the use of rights or freedoms to overthrow the democratic regime with the King as Head of State according to Section 49, Paragraph One of the Constitution.
The Constitutional Court discussed and found that the facts in the petition and the documents supporting the petition did not contain facts or evidence that was clear enough to s
how that the eight defendants had done anything that was an exercise of rights or freedoms to overthrow the democratic regime with the King as Head of State according to Section 49, paragraph one of the Constitution. This did not comply with the criteria and methods according to Section 49 of the Constitution. Therefore, the said resolution was made.
Source: Thai News Agency