Parit plans legal action against EC

People's Party deputy leader Parit Wacharasindhu plans legal action against election commissioners after a ruling recognised citizens' right to sue over Senate election fraud.

Mr Parit, also the party-list MP, wrote on his Facebook account that the Appeal Court president's ruling allowing citizens to sue election commissioners directly reinforced his view that the fraud case must not end with the 77 people the Election Commission (EC) voted to prosecute on Sept 14.

He accused the EC majority of overlooking three issues: an alleged organised network, alleged links to the Bhumjaithai Party, and the commission's previous standards.

The ruling, dated Nov 6, concerned a lawsuit filed by Senate candidate Phongsakorn Tangkittrakul against seven election commissioners and EC secretary-general Saeng Buamee.

The Appeal Court president overturned a lower court's jurisdiction objection, ruling that the case fell within the remit of the Criminal Court for Corruption and Misconduct Cases.

The ruling said corruption in the Senate selection process would deprive Thais of sovereign power. It considered every citizen a victim entitled to bring a case directly before a court with jurisdiction, under Sections 2(4) and 28(2) of the Criminal Procedure Code.

Mr Parit said citizens could pursue allegations of misconduct against commissioners directly, rather than relying solely on the National Anti-Corruption Commission. Previously, he said, only reserve senators and candidates were expected to have that right.

He plans to use the EC's written explanation of its Sept 14 resolution as evidence in a case against the commissioners once published. The commission must release it by Nov 13, within 60 days of the vote, he said.

Mr Parit called for the Supreme Court's Election Cases Division to examine whether others, including the prime minister, ministers, MPs and party executives, were involved.

Under Section 226 of the constitution, he said, the court could investigate further evidence in the case against the 77 people and identify other possible offenders if evidence emerges. The EC must submit that case by Jan 12.

Separately, Chao Meekhuad, a lawyer and former Democrat deputy spokesman, criticised five commissioners who voted 5-2 to petition the Constitutional Court over the EC's powers.

The Supreme Court rejected a postponement request on Nov 5 because the EC had not yet filed its petition.