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King Prajadhipok’s Institute 109

Protesters prevented candidates from registering and voting. The breaking
point was reached when physical violence erupted between two

opposing groups of the Thai people. Military coups eventually followed
on 19 September 2006 and 22 May 2014 in reaction to the deepening
and widening conflict. The country’s overall development process,

democratization, and rule of law suffered reversal.

Indeniably, the Election Commissions who were in charge of the

invalidated elections violated the Constitution. The major lesson learned
is that the selection and election of the Election Commission is critical:

(1) The process of selecting and electing the Election Commission

should result in election commissioners who are qualified, competent,
and possess election administration-related experiences. In particular,

there should be a mechanism that supports the process of selection
and election of the Election Commission in the acquisition of persons of
genuine political impartiality and integrity.

The Organic Act on the Election Commission B.E. 2550 (2011)
requires that the conduct of the Election Commission is to be monitored

for their political impartiality. That is, Article 29 of the Organic Act states
that an Election Commissioner shall not engage in a wrongfully act in

order to help or harm any candidate or political party in an election, or
commit an act, or omit an act dishonestly or wrongfully in the performance
of duties with respect to an election or a referendum. Any Election

Commissioner who violates Article 29 shall be liable to imprisonment
of one to ten years and to a fine of twenty thousand to two hundred

thousand Baht and the court shall order that he or she shall be
disenfranchised for a period of ten years.