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Constitutional Court rejects EC petition on bill
politics August 02, 2017 18:28
By The Nation
The Constitutional Court turned down the Election Commission’s petition seeking a ruling on the new EC bill, which it views as unconstitutional.
The bill was the first organic law passed by the National Legislative Assembly (NLA), in early June, but the EC raised objections about its constitutionality, including the point concerning the total reconstitution of the current EC.
A joint law review committee was set up to review the bill, but it endorsed the NLA version following which the NLA voted to affirm the law. The EC petitioned the Constitutional Court following the possible legal channels left for it to pursue.
However, Constitutional Court secretary-general Pimol Thammapitakpong said on Wednesday that the court by a majority vote decided not to take up the EC’s petition.
Pimol said in the court’s view, the bill was still a draft that had not come into effect. Under the new charter, only the prime minister and the NLA are allowed to file such a petition. Agencies, like the EC, could file a petition only when the bill has become a law, he added.
Addressing the right of some EC members to petition the court as individuals, the court said it would follow certain guidelines to consider a request, Pimol said. The court is also in the process of overhauling its law and it would consider any petition on a case-by-case basis, as it is concerned about excessive use of authority that would affect other agencies, he added.