Parliament, Academics point out that 99.99% of the forward trends have been canceled. There is a difficult chance of doing otherwise. The Election Commission cites the Constitutional Court’s decision as evidence.
Mr. Yuthaphon Isarachai, Lecturer, Faculty of Political Science Sukhothai Thammathirat Open University Discusses guidelines for considering cases in which the Election Commission or Election Commission has unanimously resolved to send the Constitutional Court to consider dissolving the Kao Klai Party. In the case of the proposed amendment to Section 112 of the Criminal Code, which amounts to subverting the government, it is said that the decision has two possibilities: the Constitutional Court will not accept the request; This will allow the party to move forward without being dissolved. Another way is if the Constitutional Court accepts the request. The decision can come out in only 2 ways as well. That is, disband the Kao Klai Party and disqualify the party’s executive committee and dismiss the p
etition.
But in my personal opinion, I think The chance of the Kaew Klai Party being dissolved is 99.99%. Another 0.01 is the Constitutional Court. It was dissolved first. Therefore, the possibility of doing otherwise is unlikely. Because according to the Organic Act on Political Parties, Section 92, it is clearly written that if the Election Commission sees that there is evidence that should be believed that political parties act in a certain way Submit it to the Constitutional Court to lead to the dissolution of the party. According to the Constitution, 92 (1) is the overthrow of government and 92 (2) is an act that is hostile to regime, which the Election Commission submitted in both cases, so the opportunity to escape from Section 92 is very difficult. And don’t forget that the offense is based on Section 92 of the Political Party Law. It is the same offense as Section 49 of the Constitution. which the Constitutional Court has ruled It has come out in the matter of overthrowing the government. Both in te
rms of circumstances, facts, and even examining expert witnesses. Therefore, in this case there is a very high chance that it will lead to the dissolution of the party as well.
‘There are two reasons: the law is based on an offense under the law. Section 92 of the Constitution regarding political parties was returned to Section 49 in that constitution for the same offense. Therefore, however If the Constitutional Court Saying that such an action violates Section 49 of the Constitution cannot be interpreted as anything other than Section 92(1) and (2). The second case is a matter of factual circumstances. Regarding the investigation of expert witnesses, in this case the Election Commission took the decision of the Constitutional Court as a case of overthrowing the government. come as evidence Therefore, is the decision of the Constitutional Court not necessary to examine witnesses? What additional evidence is sought? You can make a decision based only on the ruling and the law,’ Mr. Yutthaporn said.
Mr. Yutt
haphon said that in terms of arguments It would be according to the court process. The Constitutional Court may allow the Progressive Party to present its objections. which can only be argued on one point, that is That decision comes after the action. Therefore, although the decision of the Constitutional Court is true, it is binding on all organizations. But it must be binding after the decision is made. Before the decision, even though the court said The above incident is an offense under Section 49 and amounts to the overthrow of the government. But it was something the court later pointed out. Therefore, it may not be possible to take offense. But the personal trend is still that 99.99% will be dissolved and will result in the party executive committee at that time being deprived of their political rights as well. Because in the law it is written that If there is cause for dissolution of the party, the court shall also disqualify the party executive committee members. As for how many years of disqualifica
tion will be at the discretion of the court because the law does not specify how many years of disqualification will be allowed. without a specified ceiling.
Source: Thai News Agency