Sumeth: EC has no option on dissolution

Yongyuth case goes to Supreme Court today

MONGKOL BANGPRAPA

The Election Commission has no option but to recommend that two parties in the government coalition be disbanded for poll fraud, because the law is very specific, election commissioner Sumeth Upanisakorn said yesterday. Mr Sumeth pointed to the wording of Article 103 of the political parties law, which would be the basis for dissolving Chart Thai and Matchimathipataya, two main coalition partners, over vote buying by executive party members.

The executives are Chart Thai's deputy secretary-general Monthian Songpracha, a winning candidate in Chai Nat, and Matchimathipataya deputy leader Sunthorn Wilawan, a winner in Prachin Buri.

Article 103 states that if the leader of a political party, or an executive member, commits a legal offence, the law regards that action as equivalent to the political party in question having exercised its power of administration in breach of the law.

Mr Sumeth insisted the word ''regards'' does not leave room for interpretation.

''I've been taught that 'regards' in legal terms cannot be construed in any other way,'' he said. The letter of the law in this case must be followed strictly.

If certain acts were ''assumed'' by law, then the meaning was not as definitive, he said. But this was not the case with the law applicable to the two parties.

''The EC doesn't have a choice. We ask for public understanding. It's simply that the law has put a lock and chain around our neck,'' he said.

Any violation of Article 103 would prompt the Election Commission to recommend to the prosecution the dissolution of the political parties concerned. The case would then go to the Constitution Court.

Mr Sumeth said if the two parties were disbanded, the executive members who had nothing to do with the electoral fraud would be free to move to any other political party, under Article 98.

The issue has landed the EC in a quandary. Its own inquiry, headed by Boontan Dokthaisong, found that the other party executives had nothing to do with the vote buying.

The EC had decided to consult its advisory team on whether or not party dissolution could be pursued based on Article 103.

Election commissioner, Prapun Naigowit, said the EC needs to listen to the advisory team because the commission's ruling on the case will set a precedent for its deliberation of similar vote-buying complaints.

It was possible the advisers would be able to settle discrepancies in applying Article 103 when they meet today.

Also today, the Supreme Court's criminal section for holders of political office will decide whether to hear the vote-buying charges against House Speaker Yongyuth Tiyapairat.

Mr Yongyuth suspended himself from duty after the EC recommended his disqualification for allegedly buying votes in his native Chiang Rai province in the Dec 23 general election.

Mr Yongyuth, who has filed a police complaint against the election commissioners, said he was certain the court would take up the case against him today.

If the court finds him guilty, Mr Yongyuth would lose his political rights for five years. It would also lead to a legal process for the dissolution of the People Power party. He was a deputy leader at the time of the alleged offence.

The court today will also decide whether to accept for consideration poll fraud cases against Mr Yongyuth's sister La-ong Tiyapairat, Iam Thongjaisod, Wanpen Pormpak and Surasak Ampan, all of the PPP.

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