First instance body dealing with electoral disputes
Thailand
- EMB (highest level)
- Court of general jurisdiction (including Supreme Court)
ORGANIC ACT ON ELECTION OFMEMBERS OF THE HOUSE OF REPRESENTATIVES AND INSTALLATION OF SENATORS B.E. 25501
Section111
Afterthe announcement of the result of election, if there appears convincingevidence that an election in any constituency was not conducted in an honestand fair manner or that any Member of the House of Representatives or candidateacted dishonestly in order to be elected or was elected dishonestly as a resultof an act of any person or political party which violates this Organic Act, aRegulation or a Notification of the Election Commission or the Organic Act onPolitical Parties, the Election Commission shall file a motion with the SupremeCourt for consideration. In the case where the investigation by the SupremeCourt reveals convincing evidence that the petition of the Election Commission isjustified, the Supreme Court shall order a new election or the derogation ofthe right of candidacy of such Member of the House of Representatives orcandidate for a prescribed period of five years and thereafter notify thePresident of the House of Representatives and the Prime Minister.
In thecase where the Supreme Court has received the petition under paragraph one, suchMember of the House of Representatives shall cease his or her performance ofduties until the Supreme Court orders the dismissal of such petition and if theSupreme Court orders a new election or the derogation of the right of candidacyof Member of the House of Representatives, the membership of the House ofRepresentatives of such Member of the House of Representatives shall terminate.
[…]
Section 114
A voter, candidate orpolitical party having candidate or candidates
standing for anelection in a constituency shall have the right to petition the Election
Commission for thereason that the election in such constituency has not been fair or legal.
The person underparagraph one may petition before the day of the announcement of
the results ofelection or within thirty days as from that day save the petition according tothe reasons under Section 50 or Section 52 which shall be made within onehundred and eighty days as from the day of the announcement of the resultsthereof.
When the ElectionCommission has received the petition, it shall promptly conduct a
factual investigation andinquiry.
Section115 In the case where the petition is filed prior to theday of the announcement of the results of election, the provisions of Section103, Section 104, Section 105, Section 106, Section107, Section108, Section109, Section 110, Section 112, Section 113 shall apply mutatis mutandis.
Section116
In thecase where the petition is filed prior to the day of the announcement of theresults of election but the findings are concluded after that day or where thepetition is filed after that day and the findings reveal convincing evidencethat the election was not fair or legal and the Election Commission is of theopinion that there should be a new election in a constituency or thedisfranchisement of any Member of the House of Representatives should beordered, the provisions of Section 111 shall apply mutatis mutandis.
In thecase where the findings reveal that an election in a polling station or constituencywas conducted in an unfair or illegal manner but the Election Commission is of theopinion that there is no ground to call for a new election as it will notaffect the results of the election already held, the Election Commission mayorder the dismissal.
Thedecision of the Election Commission under this Section shall be final.
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