กระบวนการคัดค้านการเลือกตั้งสมาชิกสภาผู้แทนราษฎรและสมาชิกวุฒิสภา / พัชโรดม ลิมปิษเฐียร = Process of objection elections of the house of representatives and the senate / Patcharodom limpisatien
The objection to an election result is a crucial mechanism for policing and scrutinizing an election and is intended to be a vital tool for canceling and revoking an election dishonestly proceeded, in order to ensure fairness and justice of an election. The Organic Act on Elections of Representatives of the House of Representatives and of Senators, B.E. 2541 (1998) provides that the Election Commission is an organ responsible for investigating an election as well as making the determination of an objection to an election. Such provision is intended to ease problems encountered in the election objection process of Courts of Justice which proceeded with remarkable delay and inefficiency. Yet, the election objection process of the Election Commission has defects and ineptitude in several respects. Firstly, a case involving an objection to an election is handled with significant delay due to a great length of time spent for the investigation and examination of evidence. Also, the law does not fix a definite time-limit for activities concerning the objection to an election. Secondly, the requirement by the law that a resolution of the Election Commission for a re-count or for a new election be passed with unanimous votes results in difficulty in practice. Further, a decision of the Election Commission is not a reasoned decision and is, as a result, not acceptable to interested parties as well as general members of the public. It is, therefore, expedient to revise the election objection process of the Election Commission by amending the Organic Act on the Election Commission, B.E. 2541 (1998) and the Organic Act on Elections of Representatives of the House of Representatives and of Senators, B.E. 2541 (1998) in respect of the aforesaid defects and ineptitude in order that the election objection process can be an efficient and pivotal mechanism for policing and scrutinizing an election by the Election Commission.
