Thailand's Senate won't wait for election collusion scandal verdicts

Bangkok Post

5 days ago

The Senate on Monday overwhelmingly rejected a motion to delay approvals for Constitutional Court and Election Commission (EC) nominees and vowed to proceed with the crucial votes on Tuesday.
The 130-7 vote against a motion to postpone approval of nominees for key positions in two independent agencies saw 13 abstentions.
The vote came despite potential conflicts of interest involving sitting senators who are facing legal charges for alleged collusion in last year's Senate election. The charges are being laid against them primarily by the EC, one of whose members could be selected by the Senate.
Nevertheless, the Senate yesterday blocked an urgent motion to delay the selection and approval of the Constitutional Court and EC. The motion cited an ongoing legal case related to the alleged poll collusion involving at least two-thirds of sitting senators.
Following a two-hour closed-door meeting, the Senate voted to reject the motion.
The Senate will proceed on Tuesday with its scheduled agenda that includes approval of two nominees for vacant positions on the Constitutional Court, and of one nominee for the EC.
Sen Nuntana Nuntavaropas, a vocal critic of the selection process, warned that moving forward with appointments while the legitimacy of many senators remains under investigation undermines public trust.
She referenced findings from Investigation Committee No.26, jointly formed by the EC and the Department of Special Investigation, to probe vote-rigging allegations involving 229 senators.
She argued that since these same senators will vote to appoint officials who may later oversee or adjudicate their cases, it represents a clear conflict of interest. 'If approved, the new EC member will have the authority to file charges to the Supreme Court, and the Constitutional Court justices will hold the power to rule on the legitimacy of the Senate appointments. Proceeding under these circumstances is fundamentally unethical.'
When asked whether delaying the vote could constitute a violation of Section 157 of the Criminal Code regarding malfeasance in office, Sen Nuntana responded that legal scholars have already clarified that postponement is within the Senate's rights.
She likened it to a defendant selecting the judge in their own trial. 'Once cleared, senators can vote without casting doubt on the legitimacy of the process,' she added.
She further argued that if no replacements are confirmed, current officeholders in independent agencies can remain in their roles temporarily. 'Waiting won't harm the process, but rushing could damage the credibility of these institutions.'
Sen Pisit Apiwatthanaphong, however, insisted delays could result in independent bodies being unable to form quorums, thereby stalling critical legal proceedings. He warned that failing to act might also put senators at risk of violating Section 157.
He acknowledged public concern but pointed out that under the Constitution, the Senate is empowered to perform this duty. 'Criticism is inevitable, but as long as we act within our constitutional bounds, our responsibility is clear,' Sen Pisit said.
When asked about proposals to delay the vote for eight months to allow court proceedings to conclude, Sen Pisit replied that such a move could leave bodies like the EC, Administrative Court, or Constitutional Court unable to function effectively. 'We have to fulfil our constitutional role and ensure that justice continues without interruption.'