Page 28 - kpi19815

26
the parliament, and his/her political rights may be confiscated at
any time. The procedure may last months or up to one year after
the election.
Second, the instability of the representative’s status
according to the Constitution (2550 B.E) and the current
Constitution may make the Parliament stumble. If the Supreme Court
accepts the case for consideration, the representative must hold
his/her role in the Parliament until the end of the case. During the
consideration of the case in the Supreme Court, the representative
involving in the case will be absent from the assemblies at the
Parliament affecting the performance of the legislative system.
Since the representative is suspected on electoral misconduct,
he/she cannot engage in the role as a member of the Parliament
until the dismissal of the case by the Supreme Court.
1.4 Principles of considering the election case by
the Election Committee and the Supreme Court:
If a winning candidate is proved to involve in any electoral
misconduct or violation of the election law despite its impact on
the election, the Election Committee and the Supreme Court will
confiscate the voting rights and terminate the result of the election
in that electoral area. The consequence of the misconduct and
violation is consistent with the confiscation of the political rights
which automatically terminate the result of the election. For example,
the winning candidate receives 5,000 votes. The candidate buys
การคัดค้านผลการเลือกตั้งโดยผู้มีสิทธิเลือกตั้ง 27
1 vote by paying 1000 baht to one person during the political
campaign. Although one vote does not affect the result of the
election, the electoral misconduct is proved resulting in confiscating
the political rights. Unless the winning candidate is in the accusation
of the electoral misconduct or the evidence is sufficient to prove
it, the significance of its impact in term of morality and fairness
will be considered to decide whether the result of the election
must be terminated or not. For example, a person, who is not
one of the candidates in the election, buys a vote for one of the
candidates by paying 1000 baht to 1 person, and the winning
result is more than 1000 votes higher. The result of the election
will not be terminated because of the insignificant impact to the
election. In contrast, if a person, who is not one of the candidates
in the election, buys votes by paying 1000 baht to 100 people to
vote for one of the candidates in the election, and that candidate
receives 50 votes higher resulting in winning the election. Without
the proof of the candidate’s involvement in the misconduct, the
result of the election will be terminated because of its significant
impact to the election.
When considering the case of the electoral misconduct,
the Election Committee and the Supreme Court usually try to prove
the misconduct without considering the significance of the impact
to the election. Only one vote buying can lead to the termination
of the result in the election.