Page 24 - kpi19815
P. 24

22                                                                                                               การคัดค้านผลการเลือกตั้งโดยผู้มีสิทธิเลือกตั้ง  23


          to this struggle such as the coup, social and economic disparity,                       1.  The limitations of the election monitoring in
          and failure of national reform by politicians and government                            Thailand are divided into 4 categories.

          officials. It is also obvious that the reinforcement of the law is
          inefficient to assure the political intention for the people, the owner                          1.1  Authority of the election monitoring complied
          of the sovereignty, interrupting the development of democracy in                        with the election law falling only to the Election Committee:

          Thailand. As a result, there is a need to establish the knowledge                                Besides the authority of arranging an election, the
          on an election monitoring for the people to rely on in Democratic                       Election Committee plays a role in election monitoring to prevent

          Representative.                                                                         the misconducts or violations of the law. The Election Committee

                   This study aims to examine the election monitoring called                      has been established at the same time as other independent

          “Objection of the electoral results by electors”. It may become a                       organizations with the Constitution (2540 B.E). Despite the
          solution for monitoring an election in Thailand. The study includes                     amendment of the Constitution (2550 B.E), the role with an
          the analysis of the Act, the Court Sentences, and many academic                         absolute authority by the Election Committee has been the

          studies in Thailand and other countries. The findings are to show                       same. There are two durations of the authority by the Election
          the limitations of the current election monitoring in Thailand as well                  Committee.

          as to make suggestions to improve the election monitoring in the                                 Before an election, the Election Committee can initiate
          near future.                                                                            the investigation without an objection from a candidate or voter.

                   To understand the purposes of this study clearly,                              Even though there is an objection, the authority to determine the

          “Limitations of the Election Monitoring in Thailand” and “Conditions                    objection falls to the Election Committee. It means that the Election
          in Establishing the Efficient Election Monitoring Complied with the                     Committee will investigate the case and make a final decision.

          Law” must be considered.                                                                A voter or candidate cannot petition the Election Committee on
                                                                                                  the decision. Without the same structure as the judicial system,

                                                                                                  the rights and liberty as well as the transparency of the system
                                                                                                  cannot be consistent with that in the judicial system; however,

                                                                                                  the decision made by the Election Committee is final similar to
                                                                                                  that in the judicial system. It is obvious that the authority given
   19   20   21   22   23   24   25   26   27   28   29