Somchai warns over risk of parties folding
Parties will be unable to field candidates in the next general election or will have to fold entirely unless the regime makes some key policy changes soon, election commissioner Somchai Srisutthiyakorn warned yesterday.
Mr Somchai said these would be the unwelcome consequences if the organic law on political parties is not amended or the junta chief refuses to lift the political activities ban or extend the deadline for parties to streamline their membership databases.
He said the organic law, enacted on Oct 8, has set a deadline for the membership streamlining to be completed in 90 days or by Jan 5.
However, the parties cannot update their respective databases because the National Council for Peace and Order ( NCPO) has not lifted its ban on political parties’ activities.
Mr Somchai stressed that 40 days have now passed since the organic law went into effect and no parties are likely to be able to meet the membership review deadline.
A solution now rests with individual parties requesting the organic law’s amendment to extend the 90-day deadline, or the NCPO leader and Prime Minister Prayut Chan-o-cha issuing a special order under Section 44 for the deadline to be prolonged.
However, the NCPO needs to remove the political activities ban before this can happen.
Without the database update, the parties will not be able to fulfil their constitutional obligations regarding fielding candidates in the general election, according to Mr Somchai. The poll has been tentatively set for next November.
Worse, parties which fail to receive an extended deadline and submit to the Election Commission a database containing incorrect or false information about their members stand to have their party registration terminated. This would empower the party registrar to nullify their status with immediate effect.
This is different from cases where parties stand accused of committing electoral fraud and face trial in the charter court, which can decide whether to dissolve them.
Mr Somchai said during a deadline extension parties cannot send their candidates to contest elections and they are not entitled to subsidies from the political parties development fund.
He also brushed aside a suggestion by Constitution Drafting Committee (CDC) chairman Meechai Ruchupan that the EC should ask the NCPO to amend the organic law. Mr Somchai said the EC has no business seeking the amendment because it did not write the law in the first place.
When problems arise from the law the CDC drafted, it should be held accountable, he said, adding as Mr Meechai is an NCPO member, it would be easier for him to request and deal with amendments.