EC Secretary explains Section 226 for Senator prosecution

MGR Online•Politics•3d ago

Reader Briefing

Secretary-General of the Election Commission Sawaeng Boonmee clarifies the three legal requirements under Section 226 of the Constitution to petition the Supreme Court for the revocation of a Senator's rights.

•Sawaeng Boonmee clarified the requirements for taking legal action against Senators under Section 226.
•The clarification follows calls from opposition parties and the public to prosecute 229 individuals in a Senator-related case.
•Three specific conditions must be met before the Election Commission can send a case to the Supreme Court.

Overview

•On August 23, Sawaeng Boonmee provided an interview regarding the requirements of Section 226 of the Constitution.
•Opposition parties and the public requested the Election Commission to petition the Supreme Court to penalize 229 individuals in a Senator case based on evidence of constitutional violations.
•Sawaeng Boonmee stated that for the Election Commission to petition the Supreme Court to revoke rights after the announcement of Senator election results, three elements must be present.
•The first element requires the act to be committed by the candidate themselves through fraud, or the candidate must have known about the fraud committed by others.
•The second element defines fraud as activities such as hiring people to run for office, hiring voters, colluding, exchanging votes, or providing other benefits to ensure election.
•The third element requires evidence that can reasonably lead to the belief that the election was not conducted honestly and fairly.
•Sawaeng Boonmee confirmed that the Election Commission must send the case to the Supreme Court if all three elements of the offense under Section 226 of the Constitution are complete.

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Key Entities

Person

Sawaeng Boonmee(แสวง บุญมี)

Secretary-General of the Election Commission.

Organization

Election Commission(กกต.)

The body responsible for submitting petitions to the Supreme Court to revoke the rights of elected officials under Section 226.

Supreme Court(ศาลฎีกา)ℹ️

The court where the Election Commission submits petitions to revoke the rights of those who committed fraud in the Senator election.

Law

Section 226 of the Constitution(รัฐธรรมนูญมาตรา 226)

The legal provision outlining the three conditions required to revoke the rights of a person elected as a Senator after results are announced.