Objection of the Electoral Votes by Voters

Abstract

This research examines the regulatory procedure of election of members of the House of Representatives, particularly in analyzing the system of electoral litigation in Thailand and abroad. The purpose of the research is to determine the effective system of electoral regulation, propose law reform for the system of electoral litigation, and develop the representative democracy in Thailand.

             The result of the study found that to establish the effective system of electoral regulation, apart from the equity of electoral process, both the political rights of the citizen and parliamentary operation must be considered together not separately. That is to say, the electors, in the name of the holder of sovereign power, must have the right to object the electoral vote, that could be considered “the regulation of their own political will”. In addition, the electoral litigation process couldn’t have an effect on member of the House of Representatives, the accused, until the judgement. Furthermore, the abrogation of electoral vote should be the last choice because it could definitely affect on the legislative activity. Consequently, the regulatory procedure of election of members of the House of Representatives must be the assurance of the justice of electoral process and the performance of parliamentary operation.