Legal Problems Concerning the Powers of the Election Commission: A Case Study of Temporary Suspension of Candidate Eligibility Prior to the Official Announcement of Election Results.

Abstract

Democratic elections serve as a vital mechanism for citizen participation and  the expression of political will. In Thailand, the Election Commission (ECT) is constitutionally mandated to administer and supervise electoral processes to ensure integrity, transparency, and impartiality. A legal inquiry into the Constitution of the Kingdom of Thailand B.E. 2560 (2017), the Organic Act on the Election Commission B.E. 2560 (2017), and ancillary electoral regulations reveals that the ECT is vested with the quasi-judicial authority to issue interlocutory orders suspending a candidate's right to stand for election prior to the official certification of results. The statutory stipulation that  such administrative orders are final and non-appealable signifies a problematic convergence of executive and judicial functions within a single oversight body. This centralization of power inherently contravenes the core tenets of the Separation of Powers, the system of Checks and Balances, and the fundamental principles of the Rule of Law. Furthermore, it imposes a disproportionate restriction on the constitutionally guaranteed rights and liberties regarding candidacy. In a comparative context, jurisdictions such as Germany and France while adhering to similar democratic electoral frameworks delegate such adjudicative authority to the Judiciary. This institutional design serves as a safeguard against the exercise of arbitrary or absolute power, thereby ensuring the robust protection of candidates' fundamental rights and freedoms.

Therefore, relevant statutes should be amended to mandate that electoral adjudications, both pre- and post-certification, fall under judicial jurisdiction. Such reforms must uphold the right to due process, ensuring candidates can effectively contest allegations and present evidence under the 'beyond a reasonable doubt' standard.