Charter drafter Meechai Ruchupan has warned Election Commission (EC) members that they face being prematurely removed from office if they lodge a petition with the Constitutional Court.
The caution of such a worst-case scenario came after some EC members said that they would seek a petition to the Constitutional Court in regard to a resolution from the joint law review committee in regard to the Election Commission draft bill.
The committee suggested that the bill needed no further amendment and was close to promulgation.
Among the six points raised by the EC was the total reset of EC members, something that it viewed as being unconstitutional.
Although Meechai said that the EC had the right to bring a case to the Constitutional Court, it would not be easy. If the court ruled that the clause concerning the dismissal of the EC members was unconstitutional, they might have to leave office immediately, he said.
This is because the controversial clause stipulates that despite the total reset, the current members could stay on until the new members take office.
Meechai said if the court ruled in favour of the EC’s petition, the removal of the concerned clause would result in the EC immediately losing acting positions.
Meechai also pointed out that the EC could not go straight to the Constitutional Court unless the National Legislative Assembly (NLA) or the Prime Minister approved its petition.