Page 25 - kpi19815
P. 25

24                                                                                                               การคัดค้านผลการเลือกตั้งโดยผู้มีสิทธิเลือกตั้ง  25


           to the Election Committee before an election is monopolized and                                 1.2 Roles of the people as the owner of the

           other possible mistakes caused by the Election Committee itself                        sovereignty and the election monitoring complied with
           may be ignored.                                                                        the election law:

                   Moreover, the announcement of the results from the                                      The absolute authority mentioned earlier leads to the lack

           election is under the control of the Election Committee to either                      of the rights and liberty for the people to petition the Supreme
           verify or terminate in case of suspicion of electoral misconduct. The                  Court, limiting the rights and liberty to express their political
           authority to make a final decision that should be shared between                       intentions. The roles of the people in the election monitoring

           the Election Committee and the Supreme Court falls to the Election                     complied with the election law are to make an objection, provide
           Committee only. Consequently, the announcement of the results                          relevant information to the Election Committee, and act as a

           from the election in each electoral district may not be made, or                       witness of the case in the Supreme Court. There are many
           the extent of each electoral district may not be clear.                                questions which need an answer. Will there be the investigation


                   After an election, the Election Committee will announce                        in case of the mistakes caused by the Election Committee? If the
           the results of the election. If there is an accusation of electoral                    final decision is made by the Election Committee, is the Election
           misconduct or an objection to the results, the Election Committee                      Committee impartial to the case?

           will investigate the case and petition the Supreme Court to make                                1.3 Impacts to the status of the representative in
           a final judgment and guarantee the rights and liberty of the parties                   the election case:

           involving in the case. Although the Election Committee does not
           have the authority to make a final judgment, the Election Committee                             Impacts to the performance of the representative
           still hold an absolute authority in petitioning the Supreme Court.                     caused by the court procedure include two following aspects.

           Without the petition, the case will not be in the consideration of                              First, the timeline of the procedure in the petition on
           the Supreme Court.                                                                     the confiscation of political rights in the juridical system is not

                                                                                                  specified. The Election Committee can make a decision whether it
                                                                                                  will petition the Supreme Court. The inconsistency of the timeline

                                                                                                  in the procedure affects the status of the representative in the
                                                                                                  Parliament. The representative in the case may be dismissed from
   20   21   22   23   24   25   26   27   28   29   30