Section 136. The Election Commission consists of a Chairman and other four Commissioners appointed, by the King with the advice of the Senate, from persons of apparent political impartiality and integrity.
The President of the Senate shall countersign
the Royal Command appointing the Chairman and Commissioners under paragraph
one.
Section 137.
An Election Commissioner shall have the qualifications and
shall not be under any prohibition as follows:
(1) being of Thai nationality by birth;
(2) being of not less than forty years of age
on the nomination day;
(3) having graduated with not lower than a Bachelor's
degree or its equivalent;
(4) not being under any of the prohibitions under
section 106 or section 109 (1),
(2), (4), (5), (6), (7), (13) or (14);
(5) not being a member of the House of Representatives
or the Senate, a political
official, a member of a local assembly or a local administrator;
(6) not being or having been a member of or holder
of other position in a political
party throughout the period of five years preceding the holding of office;
(7) not being an Ombudsman, a member of the National
Human Right
Commission, a judge of the Constitutional Court, a judge of the Administrative
Court, a member of the National Counter Corruption Commission or a member
of the State Audit Commission.
Section 138. The
selection and election of Chairman and Election Commissioners
shall be proceeded as follows:
(1) there shall be a Selective Committee of ten
members consisting of the President of the Constitutional Court as Chairman,
President of the Supreme Administrative Court, Rectors of all State higher education
institutions which are juristic persons, being elected among themselves to be
four in number, and representatives of all political parties having a member
who is a member of the House of Representatives, provided that each party shall
have one representative and all such representatives shall elect among themselves
to be four in number, to be in charge of the consideration and selection of
five persons, who have the qualifications under section 137 and who are suitable
to be Election Commissioners, for making nomination to the President of the
Senate upon consent of the nominated persons. The resolution making such nomination
must be passed by votes of not less than three-fourths of the number of all
existing members of the Selective Committee;
(2) the Supreme Court of Justice shall, at its
general meeting, consider and select five persons who are suitable to be Election
Commissioners for making nomination to the President of the Senate upon consent
of the nominated persons;
(3) the nominations under (1) and (2) shall be
made within thirty days as from the date when a ground for the selection of
persons to be in such office occurs. In the case where the Selective Committee
under (1) is unable to make nomination, or unable to make nomination in the
complete number, within the prescribed time, the Supreme Court of Justice shall,
at its general meeting, make nomination to obtain the complete number within
fifteen days as from the date of the expiration of the nomination time under
(1);
(4) the President of the Senate shall convoke
the Senate for passing, by secret ballot, a resolution electing the nominated
persons under (1), (2) and (3). For this purpose, the first five persons who
receive the highest votes which are more than one half of the total number of
the existing senators shall be elected as Election Commissioners, but if the
number of the said elected persons is less than five, the name-list of those
not elected in that first occasion shall be submitted to the senators for voting
on another occasion and consecutively. In such case, the persons receiving the
highest number of votes in respective order up to five shall be deemed to be
elected as Election Commissioner. On this occasion, if there are persons receiving
equal votes in any order which result in having more than five elected persons,
the President of the Senate shall draw lots to determine who are elected persons;
(5) the elected persons under (4) shall meet and
elect among themselves Chairman of the Election Commission and, then, notify
the President of the Senate of the result. The President of the Senate shall
report to the King for further appointment.
Section 139. An
Election Commissioner shall not:
(1) be a Government official holding a permanent
position or receiving salary;
(2) be an official or employee of a State agency,
State enterprise or local government organisation;
(3) hold any position in a partnership, a company
or an organisation carrying out
businesses for sharing profits or incomes, or be an employee of any person;
(4) engage in any other independent profession.In
the case where the Senate has elected a person in (1), (2), (3) or (4) with
the consent of that person, the elected person can commence the performance
of duties only when he or she has resigned from the position in (1), (2), (3)
or has satisfied that his or her engagement in such independent profession has
ceased to exist. This must be done within fifteen days as from the date of election.
If that person has not resigned or ceased to engage in the independent profession
within the specified time, it shall be deemed that that person has never been
elected to be an Election Commissioner and the provisions of section 138 shall
apply mutatis mutandis.
Section 140. Election
Commissioners shall hold office for a term of seven years
as from the date of their appointment by the King and shall serve for only one
term.
The Election Commissioners who vacate office upon
the expiration of the term shall remain in office to continue to perform their
duties until the newly appointed Election Commissioners take office.
Section 141. In
addition to the vacation of office upon the termination of
the term, an Election Commissioner vacates office upon:
(1) death;
(2) resignation;
(3) being disqualified or being under any of the
prohibitions under section 137 or
section 139;
(4) having been imprisoned by a final judgment
to a term of imprisonment except for an offence committed through negligence
or a petty offence;
(5) the Senate passing a resolution under section
307 removing him or her from office.
When a case under paragraph one occurs, the remaining
Election Commissioners may continue to perform their duties.
Section 142.
Members of the House of Representatives,senators, or members
of both Houses of not less than one-tenth of the total number of the existing
members of the two Houses have the right to lodge with the President of the
National Assembly a complaint that any Election Commissioner is disqualified
or is under any of the prohibitions under section 137 or has acted in contravention
of any of the prohibitions under section 139 and the President shall refer that
complaint to the Constitutional Court for its decision as to whether that Election
Commissioner has vacated his or her office.
When the Constitutional Court has passed a decision,
it shall notify the President of the National Assembly and the Chairman of the
Election Commission of such decision.
The provisions of section 97 shall also apply
mutatis mutandis to the vacation of office of Election Commissioners.
Section 143.
In the case where the Election Commissioners have vacated
office in toto, actions under section 138 shall be taken within forty five days
as from the date of the vacation.
In the case where Election Commissioners vacate
office for any reason other than the expiration of term, section 138 shall apply
mutatis mutandis to the selection and election of Election Commissioners to
fill the vacancies. In this case, persons, in the twice number of the outgoing
persons, who are suitable to be Election Commissioners shall be nominated to
the Presidents of the Senate for election by a resolution of the Senate; provided
that this procedure shall be completed within forty five days as from the date
of the vacation, and the elected persons shall serve only for the remainder
of the term of the replaced Commissioners.
Section 144.
The Election Commission shall control and hold, or cause to
be held, an election of members of the House of Representatives, senators, members
of a local assembly and local administrators including the voting in a referendum
for the purpose of rendering it to proceed in an honest and fair manner.
The Chairman of the Election Commission shall
have the charge and control of the execution of the organic law on the election
of members of the House of Representatives and senators, the organic law on
political parties, the organic law on the voting in a referendum and the law
on the election of members of local assemblies or local administrators and shall
be the political-party registrar.
Section 145. The
Election Commission shall have the following powers and duties:
(1) to issue Notifications determining all activities
necessary for the execution of the laws referred to in section 144 paragraph
two;
(2) to give orders instructing Government officials,
officials or employees of a State agency, State enterprise or local government
organisation or other State officials to perform all necessary acts under the
laws referred to in section 144 paragraph two;
(3) to conduct investigations and inquiries for
fact-finding and decision on arising problems or disputes under the laws referred
to in section 144 paragraph two;
(4) to order a new election or a new voting at
a referendum to be held in any or all polling stations when there occurs convincing
evidence that the election or the voting at a referendum in that or those polling
stations has not proceeded in an honest and fair manner;
(5) to announce the result of an election and
the voting in a referendum;
(6) to perform other acts as provided by law.
In the performance of duties, the Election Commission
has the power to summon any relevant document or evidence from any person, or
summon any person to give statements as well as to request the Courts, public
prosecutors, inquiry officials, State agencies, State enterprises or local government
organisations to take action for the purpose of performing duties, investigating,
conducting inquiries and passing decisions.
The Election Commission has the power to appoint
persons, a group of persons or representatives of private organisations to perform
such duties as entrusted.
Section 146. Government
officials, officials or employees of a State agency, State
enterprise or local government organisation or other State officials shall have
the duty to comply with orders of the Election Commission given under section
145.
Section 147. The
Election Commission shall forthwith conduct an investigation
and inquiry for finding facts in any of the following cases;
(1) an objection by a voter, a candidate in an
election or a political party a member of which stood for the election in any
of the constituencies has been raised that the election in that constituency
has proceeded inappropriately or unlawfully;
(2) convincing evidence has appeared that any
member of the House of Representatives, senator, member of a local assembly
or local administrator, before being elected, had committed any dishonest act
to enable him or her to be elected, or has dishonestly been elected as a result
of an act committed by any person or political party in violation of the organic
law on the election of members of the House of Representatives and senators,
the organic law on political parties or the law on the election of members of
local assemblies and local administrators;
(3) convincing evidence has appeared that the
voting in a referendum did not proceed lawfully or an objection has been raised
by a voter that the voting in a referendum in any polling station proceeded
inappropriately or unlawfully;
Upon completion of actions under paragraph one,
the Election Commission shall pass a decision forthwith.
Section 148.
During the period in which a Royal Decreecalling for an election
of members of the House of Representatives or senator or a Notification calling
for the voting in a referendum is effective, no Election Commissioner shall
be arrested, detained or summoned by a warrant for inquiry except in the case
where permission of the Election Commission is obtained or where the arrest
is made in flagrante delicto.
In the case where an Election Commissioner has
been arrested in flagrante delicto, or where an Election Commissioner is arrested
or detained in other cases, it shall be forthwith reported to the Chairman of
the Election Commission and the Chairman may order a release of the person so
arrested.
CHAPTER I - General Provisions 1-7
CHAPTER II - Amendment of the Constitution 8-25
CHAPTER III - Rights and Liberties of the Thai People 26-65
CHAPTER IV - Duties of the Thai People 66-70
CHAPTER V - Directive Principles of Fundamental State Policies 71-89
CHAPTER VI - The National Assembly
Part 1 General Provisions 90-97
Part 2 The House of Representatives 98-120
Part 3 The Senate 121-135
Part 4 Election Commission 136-148
Part 5 Provisions Applicable to both Houses 149-192
Part 6 Joint Sittings of the National Assembly 193-195
Part 7 Ombudsmen 196-198
Part 8 The National Human Rights Commission 199-200
CHAPTER VII - The Council of Ministers 201-212
CHAPTER VIII The Courts
Part 1 General Provisions 233-254
Part 2 Constitutional Court 255-270
Part 3 Courts of Justice 271-275
Part 4 Administrative Courts 276-280
Part 5 Military Courts 281
CHAPTER IX Local Government 282-290
CHAPTER X Inspection of the Exercise of State Power
Part 1 Declaration of Accounts Showing Particulars of Assets and Liabilities 291-296
Part 2 The National Counter Corruption Commission 297-302
Part 3 The Removal from Office 303-307
Part 4 Criminal Proceedings Against Persons Holding Political Positions 308-311
CHAPTER XII Amendment of the Constitution Transitory Provisions 313
Transitory Provisions 314-336.htm">Transitory Provisions 314-336