Bangkok: The Constitutional Court has unanimously declined Nattaporn Toprayoon's request to direct the Election Commission (EC) to sanction itself over alleged collusion in the senator selection process. The court determined that Nattaporn was not directly affected by the alleged actions and that the EC had acted in accordance with the law. It suggested that any damages should be pursued through other judicial channels.
According to Thai News Agency, the Constitutional Court was asked to consider a petition from Mr. Nattaporn and a group of ten individuals, who argued that their constitutional rights and freedoms were violated by the EC. The petition claimed that the senator election process, as governed by the Royal Decree on the Election of Senators B.E. 2567, was not conducted in alignment with the Constitution and relevant laws. They asserted that this led to an election that was dishonest and unfair, potentially harming public order and the principles of a democratic regime with the King as Head of State.
The court reviewed the petition and supporting documents, concluding that the request was not filed under the correct constitutional section. The petition was initially filed with the Ombudsman under Section 231231 (1) of the Constitution, rather than the appropriate Section 213. Furthermore, the court noted that Mr. Nattaporn and his team did not suffer direct violations of rights or liberties, according to Section 213 of the Constitution and related legal provisions. The EC's actions fell within its lawful powers, and any grievances should be addressed through the courts under Section 25, paragraph three of the Constitution.
In response to the request to invalidate the senator selection process from inception to result announcement, the court referred to the Organic Act on the Procedure of the Constitutional Court 2018, which mandates specific procedures for petitioning. The court, therefore, ordered not to accept the petition based on procedural grounds, as stipulated in Section 47 (2) and Section 46, paragraph three, of the Organic Act. Consequently, Nattaporn and his group were advised that such a petition could not be filed under these circumstances.