A move by five election commissioners-designate to choose an Election Commission (EC) chairman from among their ranks risks violating the law, an academic has warned.
National Legislative Assembly (NLA) president Pornpetch Wichitcholchai said on Thursday the five figures have quit their jobs to position themselves for the EC posts. They will meet on Tuesday to pick a chairman, Mr Pornpetch said.
But legal expert Jade Donavanik, who advises the Constitution Drafting Committee, cautioned the move could breach a new law governing the poll organising agency. It indicates that the first chairman to be named since it was enacted can only be chosen after all seven election commissioners have been installed, Mr Jade said. The current charter increased the number from five. On July 12, the NLA voted to endorse five of the nominees for the EC and rejected two candidates. Two more seats still need to be filled.
Mr Jade said the last two EC members, who have not yet been picked, also have the right to choose a chairman as well as be voted into the role by their peers. If would be unfair to strip them of this right by allowing the meeting to name a new chairman proceed in their absence, he said.
The last two EC members could also have problem a working with the chairman who they did not choose, he said. While the EC can adequately function with five commissioners, it is not right to choose the chairman at this time, Mr Jade said. He also warned that legal complications could result from "the rush'' to select a chairman, so the situation should be considered carefully.
Deputy Prime Minister Wissanu Krea-ngam said earlier that the process to find candidates to fill the last two posts would be done via open applications rather than having the regime invite people to apply.
He was fending off rumours the National Council for Peace and Order (NCPO) was looking to invite people to be selected after the NLA failed to fill all seven slots. Mr Wissanu said the regime was not seeking figures favourable to it. The five current election commissioners will be replaced once the figures backed by the NLA receive royal endorsement.
