The court’s decision is seen as a setback for the poll agency as it must now resolve the seat-calculation formula without violating the Constitution, and that could lead to a delay in forming the new government.

The court ruled 7:2 that it was the EC’s responsibility to calculate the seats, which it needed to do after endorsing the constituency MP results.

“Since the facts showed that the petitioner had yet to use its authority [to calculate] as stated by law, a problem related to its duty and authority has yet to occur. Hence, the court is not authorised to offer an opinion,” the court statement said.

The EC will meet today to discuss the dismissal.

The EC earlier this month submitted the case to the court after days of disagreement and debate over the calculation method to be used for calculating the party-list MP seats.

The EC conceded that its preferred formula may not meet constitutional requirements, but said that other calculations would not enable it to fill all 150 party-list seats.

“It will not be easy for the EC [to finish the calculation] and chaos is expected,” said Yuthaporn Issarachai, a political scientist from Sukhothai Thammathirat Open University.

“The agency needs to be prepared for any possible lawsuits that might occur after its calculation.”

Yuthaporn said it would take a while for the EC to finalise and announce the official results and that would mean a delay in forming the next government.

It is now a month since the March 24 election, but the calculation method for party-list MP seats remains unresolved, a dilemma that could affect the possibility of any bloc being able to form a coalition government.

Based on unofficial results, both the anti-junta and pro-junta camps are neck and neck in total MPs counts – the Pheu Thai-led group has 252 MPs and the Phalang Pracharat-led bloc is expected to find 248 supporters.

The World Bank yesterday expressed concern over the delay in forming the new government after the inconclusive outcome of the general election and suggested it could affect investment confidence.

The bank said that near-term growth projections assume that the government will deliver on its planned public infrastructure projects, with the pace scheduled to accelerate in 2019 and pick up further in 2020 as those related to the Eastern Economic Corridor are implemented.

In a related development, the EC yesterday issued an “orange card” to Surapon Kietchaiyakorn, a Pheu Thai candidate, for allegedly buying votes in his parliamentary seat in Chiang Mai province.

This is the first card the EC has issued to a candidate since the general election.

Surapon

Under the laws, a candidate who is given the orange card will lose their electoral rights for one year. A re-election would be held and all votes received by parties in the March 24 election annulled.

According to unofficial EC results, Surapon won the most constituency votes with 52,165 votes, but he will be disqualified from running in the rerun of the election.

The EC will ask the Supreme Court for the election rerun, which is expected to be held after May 9, the deadline the EC needs to meet to endorse the constituency MP results, according to Sawang Boonmee, EC’s deputy secretary-general.

Sawang said the EC would also press criminal charges against Surapon.

Surapon, meanwhile, said he had already learned of the EC’s decision and was waiting for an official notification.

He admitted that he had donated Bt2,000 and a wall clock to a monk at a religious event during the campaign period, something he said he had done on many occasions. He added that the monk in question had already testified to the EC.

“I am still in good spirits. I believe this issue is politically motivated, as the EC could have given me a yellow card, which would have allowed me to re-run. However, it issued an orange card to prevent me from contesting again,” he said in a telephone interview.

A source at the Election Commission (EC) said yesterday that Thanathorn was likely to be investigated after a Future Forward candidate in Sakon Nakhon province, Phubet Henlot, was found to be ineligible.

The Supreme Court’s Electoral Cases Division on March 19 revoked Phubet’s right to contest the election after learning that he held shares in a media company, which is against the law.

The Constitution, as well as the MP election law, prohibits media-business shareholders from contesting an election.

Thanathorn, as Future Forward Party leader, had signed documents endorsing Phubet as a party candidate.

The EC source said it is a political party’s duty to check and verify the backgrounds of their election candidates and ensure that they are qualified.

“So the party leaders and other executives should be held responsible for fielding a candidate who is not qualified,” the source said.

According to the MP election law, anyone found guilty of intentionally applying to contest an election despite being disqualified risks up to 10 years, a fine of up to Bt200,000 and the revocation of electoral rights for 20 years.

Party leaders and executives involved can also face criminal punishment as instigators and accomplices, the EC source said yesterday.

The source cited the Criminal Code, which has specific clauses stating that instigators and accomplices shall also be punished along with the violator.

Thanathorn has also been accused by the EC of violating rules related to holding shares in a media company. On Tuesday, the EC said it found that the tycoon-turned-politician was a major shareholder in V-Luck Media Co Ltd, a magazine publisher, when applying to contest the election. The EC will issue a verdict, though Thanathorn can appeal it in court.

Meanwhile, key figures in the ruling junta yesterday denied playing any part in the legal problems faced by the Future Forward leader, whose party came third in the national vote in terms of MP seats won unofficially.

Prime Minister General Prayut Chan-o-cha said the ruling National Council for Peace and Order has no power over the matter, which is under the jurisdiction of the EC and relevant courts.

Deputy Prime Minister General Prawit Wongsuwan, who is in charge of security affairs, yesterday ruled out possible political violence that could result from the legal actions against the Future Forward. He did not think the issue could spark a street protest.

“No disturbance. Everything is in accordance with the law. This is a matter for the EC,” said Prawit, who is also the defence |minister.

Future Forward is a key ally in the anti-junta coalition led by the Pheu Thai Party, which is in a close battle for power with the pro-junta Phalang Pracharat Party to form the next government.

In a related development, the lawyer of Future Forward Party, Worawut Bootmart, said yesterday that Thanathorn has until May 1 to submit his defence statement in relation to the EC’s accusation regarding his media shareholding.

The lawyer said Thanathorn would call a meeting of the party’s legal team as soon as he returns to Bangkok from Europe this evening.

THE Election Commission (EC) yesterday unanimously resolved to press a charge against Future Forward Party leader Thanathorn Juangroongruangkit over alleged violation of media shareholding rules.

Citing investigations by two EC panels, Sawang Boonmee, the EC deputy secretary-general, told a press conference that Thanathorn had allegedly violated the law by owning or holding 675,000 shares in V-Luck Media Company while registering as a candidate for the general election.

“Thanathorn’s share certificate number is from 1350001 to 2025000,” said Sawang, referring to the findings of two panels the EC had set up to investigate the case.

Thanathorn was accused of contravening Article 98 (3) of the Constitution and Article 42 (3) of election law, which states that a shareholder in a media company is barred from contesting an election for member of parliament, according to the EC. The action is punishable by disqualification. The case was filed by Srisuwan Janya, secretary-general of the Association for Protection of the Thai Constitution, on March 25. An EC source said the agency had yet to suspend Thanathorn’s right to contest in elections for one year or give him an “orange” card, as it was just an initial charge. Thanathorn will have seven days to give testimony or submit documents in his defence to the EC, Sawang said, adding his lawyers would also be allowed to witness the trial.

After the testimony, the EC will finalise the case as soon as possible in order to finish it before May 9 when it will announce the election results.

However, Sawang said he could not tell at the moment which Article of the laws Thanathorn had violated.

Thanathorn, whose party is tipped to win around 80 MP seats in last month’s election, was on the way back from his tour to Europe. He posted on his Facebook page yesterday that he had been notified to quickly return to Thailand to face an “unexpected” incident.

Future Forward secretary-general, Piyabutr Saengkanokkul yesterday questioned the EC’s decision, saying the poll agency needs to wait until Thanathorn is endorsed as an MP before it can question his qualification.

The news that Thanathorn still allegedly owned the shares while he was an MP candidate was first reported by Isra news agency before the election was held.

The news agency reported that Thanathorn and his wife Raweepan owned a total of 900,000 shares, worth about Bt9 million, in V-Luck Media Company. But all of their shares in the media firm were reportedly transferred to Thanathorn’s mother on March 21, or three days before the election. Thanathorn’s lawyer had earlier said that his client had fully complied with the law, as he had transferred all his shares in the media firm on January 8 or one month before registration for election.

Later it was found that on the day of the reported transfer, Thanathorn was in fact campaigning in Buri Ram. His legal team later said Thanathorn had rushed to Bangkok in the afternoon to sign the transfer document.

However, Srisuwan challenged that claim. The activist yesterday filed additional documents with the EC in the case. Srisuwan said the explanation offered by Piyabutr, was not reasonable and he seemed to produce false documents to defend against the allegation. The activist said it was impossible for Thanathorn to be able to return to Bangkok from Buri Ram in such a short time as claimed by Piyabutr.

Meanwhile, Raksagecha Chaechai, secretary-general of the Office of Ombudsman, said the EC had until tomorrow to submit an explanation to the office regarding a petition seeking an annulment of the March 24 election.

The office last week resolved to accept the petition filed by the now-defunct Thai Raksa Chart Party’s former MP candidate, Reungkrai Leekijwatana, who asked the office to submit its opinion to the Administrative Court or the Constitutional Court regarding whether last month’s election should be annulled.

The petitioner cited confusion and dubious matters occurring after the election for which the EC had failed to find solutions.

Raksagecha said if the EC submitted the explanation in time, the office would be able to make a final decision before the May 9 deadline for the EC to announce the election results.

Phumtham Wechayachai, Pheu Thai’s secretary-general, said that the seven parties in the Pheu Thai-led coalition remain firm in their resolution to prevent the junta from returning to power.

He said that if the rival coalition wanted to form the next government without a majority in the House of Representatives, it would need to “buy the support” of some MPs from his group of political parties.

“That method is not dignified. It will cause harm to our democracy. People are watching. Any side that opts for such a method will be punished by the people. And their real intention of staying on in power will be clear to the public,” Phumtham said.

The politician said Pheu Thai had won the most number of House seats in the March 24 general election and should have the first right to form the next government. He added, however, that there was an attempt by the party with the second most House seats to form a coalition government by arguing that it had won the most popular votes in the election.

He did not name the party in question but was obviously referring to the pro-junta Phalang Pracharat.

Phumtham called on the Election Commission (EC) to have the courage to announce the election results “fairly and with good reasons”. He warned that any attempt to please the powers-that-be would result in bad consequences for the EC.

“The EC must come up with clear election results. In fact, whichever side is able to form the next coalition, the government will lack stability,” he said, referring to the slim majority in the Lower House.

Phumtham said Pheu Thai has decided not to change its current leader, Wirode Pao-in, as it was focusing on forming the next government. “Focusing on changing the party leader would mean we had given up” our attempt to form the next administration, he added.

‘Things will be clear after May 9’

Pheu Thai convened its general meeting at party headquarters yesterday. Among the participants were senior leaders, key figures, elected MPs and branch representatives.

At the meeting, newly elected Pheu Thai MPs who had failed to sign a party “pledge” to prevent the junta from staying on in power were asked to join.

Meanwhile, Phalang Pracharat remained confident yesterday it would be able to form the next coalition government, one of its spokesmen, Buddhipong Punnakanta, said. Buddhipong said things would become clear after the EC announced the final election results, around May 9.

“Our allies who will form the government with Phalang Pracharat have shown their commitment to an extent, as has been reported in the media. But things will become clear after May 9,” he said.

Regarding New Economy Party leader Mingkwan Sangsuwan’s recent announcement that his party would not join a Phalang Pracharat-led coalition, Buddhipong said yesterday that his party respected that decision.

New voting was held at six polling stations in five provinces yesterday.

The Election Commission (EC) called for the poll rerun after inconsistencies were found at the polling stations in the March 24 general election. The number of ballots cast differed from that of eligible voters registered to vote at those polling stations.

Of the 92,320 polling stations in last month’s election, inconsistencies at only six were considered “acceptable mistakes”, election commissioner Lertwiroj Kowattana said yesterday. He was inspecting the voting at polling station number 32 in Bangkok’s Constituency 13, where a new vote was called. Accompanying him were EC secretary-general Jarungvith Phumma and Bangkok election director Witchuda Mekhanuwong.

In addition to the Bangkok polling station, vote reruns were also held at two polling stations in Lampang province, and at one polling station each in Phitsanulok, Yasothon and Phetchabun provinces.

The number of eligible voters at the polling stations involved ranged from a few hundred to less than 1,400. The EC received more than 300 complaints of suspected fraud in the general election but most of them did not warrant new voting, Lertwiroj said yesterday.

Two polling stations – the first and fifth – with a few hundred eligible voters in Khon Kaen’s Nam Phong district recounted the ballots yesterday following an order by the Election Commission (EC).

In the first polling station, the voter turnout was 324, matching the total ballot count. Of these, 304 were found valid, two were no votes and 17 were invalid.

The previous mistake appeared to be with the invalid ballots, officials said, adding that previously the referee had marked 18 invalid ballots, which resulted in the inconsistency.

The recount in the fifth polling station also found the ballots and voter turnout tallied at 624. There were 587 valid ballots, 33 invalid and four no votes.

The recount showed that Phalang Pracharat candidate Kitti Kamkankoon may have gained one wrongful vote in the previous count.

The recount in both stations did not change the initial results, with Pheu Thai candidate Jatuporn Charoencheu winning the constituency. No objections were raised after the recount.

The ballots from both stations yesterday were counted in the district’s town hall with hundreds of people, including politicians and party representatives, observing the event.

EC commissioner Chatchai Chanpraisri said yesterday the recount had gone smoothly and transparently.

The new results will later be submitted to the EC and the agency will endorse the overall results on May 9, he said, adding that the previous inconsistencies in the two polling stations were believed to have been caused by officials marking the wrong boxes.

In addition to the recounts at these two stations, the agency has also ordered six polling stations to hold fresh elections after the number of ballots and voters did not tally.

Elections will be held this Sunday in some constituencies of Lampang, Yasothon, Phetchabun, Phitsanulok and Bangkok’s Bang Kapi district.

Three of the affected polling stations were in constituencies won by Pheu Thai Party and two by Phalang Pracharat.

However, with each station having only a few hundred or thousand votes in races where the winner and runners-up had tens of thousand, the re-elections are unlikely to change the results at the constituency level.

Yet, if a significant number of voters change their minds, it is still possible they could affect the number of eventual party-list MPs.

It was also observed that voter turnout might drop due to the lack of publicity.

A number of people might be unaware of the re-election and miss the opportunity to cast their ballots.