Unlike some other newcomers, the Action Coalition for Thailand (ACT), will not elect its leader and other party executives at its maiden meeting. That will be done in next three months, when the party has at least 500 members as required by law, according to Anek Laothamatas, a founder of the party.

He said some 250 party members would get together at Rangsit University this Sunday for the first meeting. “We will launch the party and introduce the party’s ideology to the public,” he said, adding that the National Council for Peace and Order had given permission to ACT’s first meeting.

In addition to Anek, those attending the meeting will be former Democrat Party secretary-general Suthep Thaugsuban, who headed the PDRC until its demise following the 2014 coup, Rangsit University deputy dean Suriyasai Katasila and former National Reform Assembly member Prasan Marukapitak, according to Thani Thaugsuban, a former Democrat MP and Suthep’s younger brother.

Suthep will be just an ordinary party member, with no executive position in the party and no positions in the future, according to Anek. He also said that having Suthep as a member, the ACT could be viewed as “Suthep’s party”.

Suriyasai, Prasan and Thani are formerly key figures in the PDRC, which led massive street protests between November 2013 and May 2014 against the government led by the Pheu Thai Party. The rally culminated in a military coup in May 2014 that overthrew the administration.

Anek said he was going to resign from the current positions, before working at the new party. “This is to ensure fairness to all sides,” he added. Anek is serving as chairman of the committee on political reform, which is part of the junta-appointed National Reform Steering Assembly, in addition to being a member and an adviser in other committees.

Anek said that he would not accept the party leader’s position unless he was elected by a general party meeting.

A respected scholar, Anek is known for his theory of “Two Cities of Democracy”, which asserts that in Thai politics, rural voters help form governments while city residents help overthrow them. He has joined many political parties in the past.

Wissanu, who is in charge of the government’s legal affairs, said the bill on the Senate structure would be submitted to Prime Minister Prayut Chan-o-cha within a day or two, as the National Legislative Assembly (NLA) had already sent it to the government.

Regarding the bill on the election of MPs, Wissanu said the NLA needed an official verdict from the Constitutional Court.

“Once the verdict is forwarded to the government by the NLA, the prime minister will then seek royal endorsement,” he said.

“That certainly will be done this month,” Wissanu added.

The Constitutional Court on Wednesday ruled that the organic bill on the election of MPs was constitutional, a week after issuing the same verdict on the bill governing the Senate’s structure. Both bills, alongside two other key organic laws governing the Election Commission and political parties, are indispensable for holding an election, according to the charter.

The Constitution stipulates that the Election Commission must organise a general election within 150 days of the four organic laws coming into effect.

Meanwhile, Meechai Ruchupan, who heads the Constitution Drafting Commission (CDC) that wrote the original bill on the election of MPs, yesterday noted that the Constitutional Court verdict on the bill contradicted a previous ruling by the court in 2006.

In that year, the court had ruled that it was unconstitutional to arrange the voting booths in a way that allowed passers-by to see how the ballots were marked. Meechai said he wondered why this time it was not considered unconstitutional for a clause in the bill to allow disabled or elderly voters to be aided in casting their ballots.

“In doing so, another person certainly knows how a person voted,” he said, implying that voting was not done in secret as required by the Constitution.

However, Meechai added that he accepted the court verdict regarding the election bill.

The CDC’s original draft was revised by the NLA to allow disabled or elderly voters to be offered assistance to cast their ballots.

The EC secretary-general, Pol Colonel Jarungwit Phumma, yesterday neither confirmed nor denied the report, and cited the need for confidentiality while Don’s case was still under investigation.

He added that the EC decision would only say whether Don was in breach of the law but it could not determine whether he could continue in his present job.

The Constitutional Court will issue a final verdict after it receives a petition from the EC, which is reportedly drafting it after reaching an agreement on Don’s case last week.

The EC reportedly voted 3 against and 2 for Don’s qualification for the office.

The case stemmed from a petition filed last year by Pheu Thai Party lawyer Ruangkrai Leekitwattana with the EC, seeking to probe whether nine ministers, including Don, should be disqualified from their posts.

According to reports, Don’s wife Narirat allegedly holds more than a 5-per-cent stake in a company. Despite the requirement in the charter’s Article 187, the stocks were not declared to the National Anti-Corruption Commission (NACC) within 30 days of Don joining the Cabinet.

The Article requires that ministers, their spouses and children under the legal age of 20 years old must not benefit from stock holdings beyond legal limits. They must declare their stock holdings and transfer them to legal persons to manage them without their involvement.

The current charter was promulgated in 2017, almost two years after Don was appointed foreign minister and three years after his appointment in the junta Cabinet – he was initially deputy foreign minister.

The charter’s Article 264 requires that active Cabinet members must be legal as laid out by the Constitution.

Prime Minister General Prayut Chan-o-cha is aware of the issue but has refused to comment.

Meanwhile Deputy PM Wissanu Krea-ngam, who is a legal expert, looked on the bright side, saying the Constitutional Court’s decision on Don’s case should help “set standards” for politicians in future. He also expressed sympathy for his fellow Cabinet member.

“Don’s case is different from that of others. He was a minister before the charter was enacted and regulated such requirements,” Wissanu said. “It’s sad because the stock belongs to his wife, not him.”

The deputy also explained that Narirat holds stocks in a family enterprise, overseen by seven siblings including her. They run a condominium rental business.

“The business is not of stock-market scale. I can see their honesty in that,” he added. “His wife might have considered it [the holding] a domestic, family issue, so she did not declare it to [the NACC].”

Foreign Ministry spokesperson Busadee Santipitaks said that Don was still on duty as usual yesterday. So far, there are no plans to suspend him or have someone else act in his place.

Unlike some other newcomers, the Action Coalition for Thailand (ACT), will not elect its leader and other party executives at its maiden meeting. That will be done in next three months, when the party has at least 500 members as required by law, according to Anek Laothamatas, a founder of the party.

He said some 250 party members would get together at Rangsit University this Sunday for the first meeting. “We will launch the party and introduce the party’s ideology to the public,” he said, adding that the National Council for Peace and Order had given permission to ACT’s first meeting.

In addition to Anek, those attending the meeting will be former Democrat Party secretary-general Suthep Thaugsuban, who headed the PDRC until its demise following the 2014 coup, Rangsit University deputy dean Suriyasai Katasila and former National Reform Assembly member Prasan Marukapitak, according to Thani Thaugsuban, a former Democrat MP and Suthep’s younger brother.

Suthep will be just an ordinary party member, with no executive position in the party and no political positions in the future, according to Anek. He also said that having Suthep as a member, the ACT could be viewed as “Suthep’s party”.

Suriyasai, Prasan and Thani are formerly key figures in the PDRC, which led massive street protests between November 2013 and May 2014 against the government led by the Pheu Thai Party. The rally culminated in a military coup in May 2014 that overthrew the administration.

Anek said he was going to resign from the current positions, before working at the new party. “This is to ensure fairness to all sides,” he added. Anek is serving as chairman of the committee on political reform, which is part of the junta-appointed National Reform Steering Assembly, in addition to being a member and an adviser in other committees.

Anek said that he would not accept the party leader’s position unless he was elected by a general party meeting.

A respected scholar, Anek is known for his theory of “Two Cities of Democracy”, which asserts that in Thai politics, rural voters help form governments while city residents help overthrow them. He has joined many political parties in the past.

Don is among nine ministers mentioned in a petition filed with the EC last year by the Pheu Thai Party’s legal officer Ruangkrai Leekitwattana asking it to probe the holding of stocks by cabinet ministers. Eight cases have been considered by the EC and all ministers were cleared.

According to the initial report, the EC has unanimously voted that Don could be in breach of the constitutional ban against undeclared stocks being held by ministers, their spouses and children under legal ages.

Narirat Pramudwinai, Don’s wife, appeared to own more than five per cent of the minister’s stock shares. This was not declared to the National Anti-Corruption Commission within 30 days of Don’s appointment as is required by Article 187 in the 2017 charter.

The law also requires that ministers must not benefit from holding stocks. Even declared stocks must be conveyed to legal persons to manage them at an arms distance from the parties.

Based on their initial finding, the EC is expected to submit a petition to the Constitution Court, which would be the final arbiter of whether Don had breached the constitutional requirement.

The EC president Supachai Somcharoen appeared surprised at a news report of their preliminary finding and declined to comment on the EC’s decision..

The 68-year-old retired diplomat was appointed to the junta-led Cabinet in 2014 as the deputy foreign minister before topping the ministerial post a year later.

He served since 1991 in ambassadorships to some of the most important countries and international organisations for Thailand’s interests, including the United States, China, the European Union and the United Nations.

Maj-General Piyapong Klinphan, the spokesman for the National Council for Peace and Order (NCPO), said the authorities were doing their jobs in line with the law and the scope of their responsibilities.

“We are not violating anyone’s rights. There is no unfair treatment or persecution,” he told reporters at the 11th Military Circle, of which he is the commander.

The London-based Amnesty International is campaigning for people around the world to write to the Thai government and call for an end to legal action against 62 people in connection with their rallies demanding an election.

The NGO’s campaign continues until July 5, according to its website.

The protesters held their rallies on many occasions over recent months with the latest one at Thammasat University on May 22, the fourth anniversary of the 2014 military coup. They demanded that an election be held by November, and not next February, as has been promised by the junta.

They are charged with violating a junta ban on political gatherings of five or more people, provoking public commotion and breaking the law on public assembly. The maximum punishment is seven years in jail.

Piyapong said in response to AI’s campaign, the authorities would “explain the truth to them”.

“The NCPO can’t permit requests that are against the law,” he said. “We cannot do anything that goes beyond the scope of the law or our responsibility.”

NCPO legal officials yesterday filed a complaint against 41 pro-election protesters at the May 22 rally.

Earlier, 21 activists, many of them protest leaders, had been charged with breaking the ban on political gatherings and provoking public commotion.

“Both countries are facing non-traditional security threats. Thailand also affirmed its readiness to stress cooperation,” said Deputy Government Spokesperson Lt-General Werachon Sukhondhapatipak, referring to Gardner’s meeting with PM General Prayut Chan-o-cha yesterday.

Gardner also visited Deputy PM and Defence Minister General Prawit Wongsuwan, after which he told Thai media that he wished “Asian leaders would discuss cybersecurity issues to develop a mutual law enforcement system”.

Earlier this month, the Asean Ministers Responsible for Information met for a conference in Singapore, where they emphasised the urgency of education and a clear protocol to tackle growing cybersecurity threats. Chairing the US Senate Foreign Relations Subcommittee on East Asia, the Pacific and International Cybersecurity Policy, Gardner is also among the four senators that introduced the Asia Reassurance Initiative Act to the US Congress in April.

The act, serving as the US policy framework in Asia, also addressed the US government’s commitment to the security and defence-related agreements it had signed with Thailand. Prayut also expressed Thailand’s support for the strategy, with its emphasis on free and fair trade and maritime, air and regional connectivity.

Gardner has been in Chiang Mai and Bangkok from Tuesday to this coming Sunday for discussions with Thai top officials. Key issues being discussed include security, trade and investment, combating human trafficking, drugs and wildlife.

As have many US officials visiting Thailand, Gardner expressed a desire for Thailand to return to holding elections and returning to democracy.

THE NEXT election will take place about 11 months from now, Deputy Prime Minister Wissanu Kreangam said yesterday after the Constitutional Court on Wednesday ruled the organic bill on the election of MPs as constitutional.

The deputy PM assured that voting would not be delayed any further and even holding the election earlier was possible.

His statement came after the Constitutional Court on Wednesday delivered a verdict on the controversial organic bill governing the Lower House, saying it was in line with the Constitution.

The bills, alongside three other key organic laws – governing the Upper House, the Election Commission, and the political parties – are indispensable for holding an election.

Currently, the National Legislative Assembly (NLA) was expecting an official verdict from the court, he said. After that, it would submit the bill to the government, Wissanu said, adding the government could present it for royal endorsement later this month.

“Although the political parties law was still in the court and a ruling would not come until next Wednesday, the road map would not be affected,” Wissanu said .

In response to concerns about when the National Council for Peace and Order (NCPO) would lift the ban on political assembly and allow parties to convene, Wissanu said that should happen when the election starts to take shape. The ban would anyway be lifted 150 days before the election, he said.

According to a junta order issued late last year to complement the political parties law, the NCPO could hold a meeting allowing parties as well as the EC to discuss the election. But some parties have expressed reluctance to join the talks.

Wissanu said that all parties should come so they could have discussions with the EC, which would be responsible for setting the election date. They should not complain later if the EC chooses a date they do not agree with, he said.

Key Pheu Thai Party member Chusak Sirinin said the party was firm in its decision to boycott the talks. Chusak had said earlier that the junta did not have the legitimacy to hold such talks, especially when it had plans to come back after the election.

EC president Supachai Somcharoen also said yesterday that the election could be brought forward.

The Constitution stipulates that the agency must organise an election within 150 days of the four organic laws coming into effect. Supachai said the EC need not necessarily use all the 150 days allowed by the Constitution.

The EC is already preparing to hold an election, he said, adding regulations and guidelines necessary for the poll were being drafted.

“The EC’s regulations on the election of MPs and the Senate are now 90 per cent complete. They should be complete in a month,” Supachai said.

Apart from that, the agency had also prepared 12 guidelines for officials to abide by in the elections, he said.

The bill governing the Lower House’s clause on assistance for disabled people in polling centres was controversial, but the EC guidelines would lay out how |officials should provide help while also maintaining confidentiality of voting in line with the Constitution, he said.

Maj-Gen Piyapong Klinphan, the spokesman for the National Council for Peace and Order (NCPO), said the authorities were doing their job in line with the law and the scope of their responsibilities.

“We are not violating anyone’s rights. There is no unfair treatment or persecution,” he told reporters at the 11th Military Circle, of which he is the commander.

The London-based Amnesty International is campaigning for people around the world to write to the Thai government and call for an end to legal action against 62 people in connection with their rallies demanding an election.

The NGO’s campaign continues until July 5, according to its website.

The protesters held their rallies on many occasions over the past months with the latest one at Thammasat University on May 22, the fourth anniversary of the 2014 military coup. They demanded that an election be held by November, and not next February, as has been promised by the junta.

They are charged with violating a junta ban on political gatherings of five or more people, provoking public commotion and breaking the law on public assembly. The maximum punishment is seven years in jail.

Piyapong said in response to AI’s campaign, the authorities would “explain the truth to them”.

“The NCPO can’t permit requests that are against the law,” he said. “We cannot do anything that goes beyond the scope of the law or our responsibility.”

NCPO legal officials on Thursday filed a complaint against 41 pro-election protesters at the May 22 rally.

Earlier, 21 activists, many of them protest leaders, had been charged with breaking the ban and provoking public commotion.