The surprise decision on Monday comes as the legal position relating to Prime Minister-elect Pita Limjaroenrat linked to to his controversial shareholding in defunct media firm iTV grows stronger with mounting support in the Senate to avoid the potential political stalemate that is threatened in August.
Thailand’s Election Commission, in a last-minute decision, on Monday, went ahead and confirmed all 500 MPs to sit in the House of Representatives when it meets for the first time in July. The election body explained that with mounting issues and complaints, it would have found it impossible to comply with its legal duties to review each MP in question while also meeting its legal obligations to certify the election results in full by July 13th next. The Secretary-general Mr Sawaeng Boonme, however, made it clear that all such complaints can still be investigated within 12 months of the May 14th poll while revealing that, at present, 82 MPs are the subject of either enquiries or complaints relating to their election to Thailand’s lower house of parliament.
The Election Commission on Monday did a U-turn when it surprisingly decided to certify all 500 provisionally elected MPs to sit in the new House of Representatives which is due to meet in July.
A meeting had been scheduled to approve only 321 of 400 constituency MPs to confirm the members on Wednesday night but instead, the Secretary-general of the body, Mr Sawaeng Boonme, announced that all 500 were being certified and that certificates for each member will be available from June 20th to June 24th.
About turn on Monday driven by a need to certify the election results by July 13th or within 60 days of the May 14th election as laid down by law
The agency official explained that the decision was due to the length of time it would have taken to investigate an increasing number of complaints and issues that have developed surrounding the poll.
The key officials noted that such complaints can still be pursued and that it was still open to the body to refer any newly elected MP to the Constitutional Court if irregularities related to the May 14th General Election warrant it within 12 months.
Mr Sawaeng said the commission was looking now at the status of 82 MPs and that it would have been impossible to carry out its duties in this regard while still confirming the election result before the July 13th deadline as prescribed by law.
He revealed that there were three grounds for looking into any of these MPs which include any one or all of the following: complaints filed concerning a declared MP or circumstances relating to individual local polls, concerns raised by election inspectors as well as complaints and a review of proper eligibility for the successful candidates.
Pita Limjaroenrat’s shares in the defunct media firm iTV likely to come before the Constitutional Court through Parliament or the Election Commission
The Secretary-general of the commission also referred to the controversy surrounding the iTV shareholding of Mr Pita Limjaroenrat whose election status as an MP has also now been confirmed.
He said a decision will be made in the coming weeks whether to refer this to the Constitutional Court under the provisions of Section 151 of the Electoral Act or a submission may come from parliament for such a review to be conducted under Section 82 of the Constitution based on a petition from over 10% of members.
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Significantly, this week, Mr Pita was able to produce legal documentation to show that the shares in the alleged media firm iTV, which has been defunct since March 2007, were linked to his legal appointment as executor of his father’s estate while he has also taken steps directly to renounce any claim or entitlement to such shares which under Thai law, is then legally backdated to when the shares were placed in probate.
Prospects of a new government being formed in August are rising and have been boosted by the move
The issue of the iTV shares has been described by legal expert, Mr Prinya Tewanarumitkul of Thammasat University in recent days as baseless.
Mr Prinya asserts that his position is supported by both the civil and criminal legal codes as well as court precedents.
The move by the Election Commission on Monday now clears the way for the House of Representatives to meet and with business leaders warning of the importance of a smooth transition to a new government in August, is a significant step forward at this time.
It comes with signs that a growing number of members of the Thai Senate are cognisant of the need to respect the election result while, at the same time, helping to assure conservative elements in Thailand who are particularly concerned about preserving the status of the Monarchy as well as the country’s territorial integrity and sovereignty.
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