The Role of the Election Commission in the Administration of Justice, the Election Process for Members of the House of Representative

Abstract

Election Commission It is an independent electoral organization. political neutrality
The Constitution of the Kingdom of Thailand, B.E. 2560, stipulates that the Election Commission has
the duties and powers to organize or conduct an election of members of the House of Representatives. Supervise and supervise elections to be honest and fair. For this purpose, he shall have the power to investigate or investigate as necessary or as he deems appropriate. When the results of an investigation or inquiry or when witnessing an act with reasonable grounds to suspect that the election was not honestly or just to have the power to order, suspend, inhibit, amend or canceling elections and ordering elections to be conducted in some or all polling stations before the announcement of the election results If there is evidence to believe that the election was not honestly or just The Election Commission shall have the power to order a new election in such polling station or constituency. if the offender is a candidate for election or acknowledging the actions of others The Election Commission shall temporarily suspend the right to stand for election for a period not exceeding one year. When there is evidence to believe that such person has acted or witnessed the act of another person in a dishonest or just manner. and to authorize the Supreme Court to consider and adjudicate the revocation of the right to stand in an election or to revoke the right to vote.

The results showed that, Before the election of members of the House of Representatives to empower the Election Commission to examine the qualifications of candidates for the election of members of the House of Representatives If the list of candidates for the election is not confirmed before the list is announced A candidate for election shall have the right to appeal the order to
the Supreme Court. If the prohibited qualifications are found before the election of members of the House of Representatives, the Election Commission has the power to revoke the right to stand in an election. It was found that there were no tools to check candidate qualifications within the organization. Must coordinate audits between government and intergovernmental organizations as a result,
fact checks may be inaccurate. There are differences in the approach to interpreting qualification between the user organization and the judicial body, for example, in the case of ownership or shareholder in any newspaper or mass media business.

Cases of investigation or inquiry and judgment According to the rules of the Election Commission on Investigation or Investigation and Judgment B.E. 2561 (2018), it was found that There are several stages of investigative or investigative processes. investigative and investigative officer Election Director for Constituency Secretary-General of the Election Commission the Subcommittee on Problems or Disputes and the Election Commission The investigative or inquiry period allows for an extension of time. causing multiple delays as well as to empower the subcommittee to diagnose problems or disputes to have an opinion in the case of an investigation that an incomplete case has
the power to return an election case file to the Secretary-General of the Election Commission for further investigation or inquiry before proposing the case for a final decision. even to be fair giving an opportunity to hear facts from all parties but there is no definite time limit for the extension of the investigation period or after the second extension hearing. causing delay in the case file, resulting in inability to make a final decision before the announcement of the results of the election of members of the House of Representatives.

Using the power to revoke the right to stand in an election or to revoke the right to vote in an election, it was found that before the announcement of the election results The Election Commission suspends the right to stand in an election for no more than one year and orders a new election (orange card). The order is final. It is an advantage to exercise quasi-judicial powers and control the election of members of the House of Representatives within the organization. but may affect the rule of law and the principle of separation of powers in checks and balances between organizations between the judicial body and the independent body (Election Commission).

As for the use of the power to revoke the right to stand for election (yellow card) or revoke the right to vote (red card - black card), it was found that in the case of revocation of the right to vote (red card - black card) it was an elevated level in the suppression of corruption. Screening people before entering political power If the Election Commission submits a petition to the Supreme Court to revoke the right to stand for election or revoke the right to vote If the Supreme Court revokes the right to stand in an election in any case (black card) under section 235 paragraph four, that person has no right to stand in an election of a member of the House of Representatives and has no right to hold any political position. As a result, the right to political liberties is forever restricted.

One more thing Announcement of the results of the election of members of the House of Representatives Election Commission Apply preliminary checks and announce election results asap. have reason to believe Election results are honest and fair. and not less than ninety-five percent of all constituencies but not later than sixty days from the date of the election. The results of the investigation found that Preliminary examination criteria based on unofficial electoral results and electoral inspectors' report data in conjunction with any other information for consideration in the announcement of election results. If found to object to the election results Election Commission Regulations on Investigation or Investigation and Judgment B.E. 2018 must be carried out. Both the timeline for announcing election results within sixty days of the election date must be directly related to
the convocation of the first parliament in order to prevent a political vacuum. After the expiration of
 the sixty-day period, the Election Commission shall certify the results of every election. It does not deprive the Election Commission of duties and powers to conduct investigations. inquiry and diagnosis in the case of corruption in an election or an election that does not proceed with honesty or fairness in the case of objecting to the election results As a result, the period of consideration is not directly related to the timing of the announcement of election results and the process of investigation or inquiry and decision of the Election Commission. thus, certifying first and revoking the right to stand in an election or revoking the right to vote later.

Recommendations as follows:

• examination of qualifications for election of members of the House of Representatives; There should be a dedicated internal audit tool to increase efficiency and not be inaccurate to support the rigorous qualification under the 2017 Constitution. Including the guidelines for interpretation of the Election Commission should be in line with the judicial body specifically determined as the owner or shareholder of the newspaper or any public interest. It should be made clear whether it is a general purpose or a specific purpose so that the disqualifiers do not lose political opportunities.

(2) Examination of qualifications of candidates for the House of Representatives on a list of names Should amend the Organic Act on the Election of Members of the House of Representatives, B.E. 2561, Chapter 4, on Candidates, Part 3, Applying for an Election on a Party List, Section 61/1

(3) investigating or investigating or adjudicating Personnel in the agency who will act as investigative and investigative officers should be added according to the Election Commission Regulations on Investigations or Investigations and Judgments B.E. 2561 and its amendment (No. 2). 2020, the investigation and inquiry period within 20 days and can be extended twice, each time not exceeding 15 days. With no more than 3 periods remaining, submit an application for an extension of time with reasons. while waiting for orders for further investigations and investigations. This opens a channel to extend the period of investigation and inquiry. If the time period is clearly specified and the investigative and investigative powers are given and the period is extended not more than two times As a result, investigations or investigations and judgments are made faster.

(4) the process in accordance with the procedure for investigating or investigating and adjudicating at the level of the Election Commission; using the inquiry system Opportunities should be given to all parties to access justice in election cases. by allowing both the petitioner and the respondent to bring evidence into the case for a fair hearing of all parties as for the process of analyzing rhetoric in the subcommittee for ruling out problems or arguments before submitting them to the Election Commission for a final decision. If the idiom is incomplete Election Commission Regulations on Investigations The 2018 Investigation and Decision-Making Period should be clearly defined in order to prevent delays.

(5) The revocation of the right to stand in an election before the announcement of the election results (orange card) should be amended to the Constitution of the Kingdom of Thailand B.E. 2560, Section 225, paragraph two, and amend the Organic Act on the Election of Members of the House of Representatives, B.E. 2561 Section 132 paragraph two.

(6) The revocation of the right to vote (black card) should be amended to the Constitution of the Kingdom of Thailand B.E. 2560, Section 235, paragraph four.

(7) announcement of election results Should amend the Constitution of the Kingdom of Thailand, Section 85, the last paragraph, and amend the Organic Act on the Election of Members of
the House of Representatives, B.E. 2018, Section 127, paragraph one.

(8) Examination by a judicial body According to section 226 of the Constitution, the last paragraph by which the Supreme Court's consideration shall be in accordance with the rules of
the general meeting of the Supreme Court. At present, the Supreme Court has issued the Rules for Consideration and Judgment on the Right to Candidate for Election and the Revocation of Candidate Rights in Election of Members of the House of Representatives, 2018. which has not been enacted by the legislature and there is no specific law stipulating the procedure for trial and ruling on electoral cases. which is a judicial process in election cases deemed appropriate to enact an Act on Consideration and Judgment of Election Cases BE.....to come into force to be international.