The Election Commission (EC) insisted on Thursday it had strictly followed the law when deciding to forward Move Forward Party (MFP) leader Pita Limjaroenrat’s ineligibility case to the Constitutional Court on Wednesday.
The poll regulator was responding to criticism by Mr Pita and other critics that the EC had failed to allow him to defend himself against the allegation before it submitted the case to the court and wrapped up the investigation in haste.
In a statement, the EC said the case deals with Mr Pita’s MP status, which is believed and supported by evidence to have come to an end as a result of a certain factor listed as one of the reasons why an MP’s status is deemed to no longer be valid.
Those who have made the aforementioned criticism against the EC may misunderstand that the case forwarded to the court dealt with an alleged violation of the organic laws on elections and political parties as they expected the EC — under these two specific laws and its own regulations — to investigate the case and conclude first whether the allegation is credible before considering forwarding the case to the court, the EC said.
The truth is the EC has strictly followed Section 82 of the constitution, which authorises it to immediately seek a decision by the Constitutional Court on an ineligibility case in which the EC is convinced by evidence that an MP’s status has become invalid due to a reason stated in the constitution, it added.
Citing two previous rulings by the court handed down in 2019 regarding the court procedures for processing a Section 82 case, the EC said it is not required to summon Mr Pita to answer his charge or defend against it as he will be defending himself in court.
The EC also insisted it had examined Mr Pita’s ineligibility case thoroughly and based its decision to forward the case to the court on facts and evidence compiled and examined during the past fact-finding investigation.
“The EC isn’t in a position to make the final judgement as to whose MP status becomes invalid because of what reason. And it hasn’t rushed (Mr Pita’s case) as accused,” the EC statement read.
