Announcement of the National Council for Peace and Order

No. 58/2557

Subject: Adjudication of Cases Concerning Election and Revocation of the Right to Vote in the Election of Members of Local Assemblies and Local Administrators

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            With regard to Announcement of the NCPO No. 11/2557 dated 22 May 2014 on the termination of the Constitution of Thailand, for the purpose of enabling the Court of Appeal and the Regional Court of Appeal to continue adjudicating cases concerning elections and revocation of the right to vote in the election of members of local assemblies and local administrators, the NCPO hereby announces as follows:

            1. To annul Announcement of the NCPO No. 51/2557 dated 31 May 2014 on the adjudication of cases concerning elections and revocation of the right to vote in the election of members of local assemblies and local administrators.

            2. In case where election results have been announced, and the Court of Appeal or a Regional Court of Appeal has received a petition from the Election Commission asking the court to rule whether to hold new elections or whether to revoke the right to vote in the election of members of local assemblies or local administrators, the Court of Appeal and the Regional Court of Appeal which have jurisdiction pursuant to the Constitution of Thailand B.E. 2550 (2007) to hear cases concerning election and revocation of the right to vote in election of members of local assemblies or local administrators shall continue to have such jurisdiction. Procedures for adjudication shall be in accordance with the rules prescribed by the general assembly of the Supreme Court of Justice on the Procedures and Jurisdiction in connection with the Election of Members of Local Assemblies and Local Administrators B.E. 2550 (2007)

            3. When the Court of Appeal or the Regional Court of Appeal has received a petition from the Election Commission per Clause 2, above, members of local assemblies or local administrators must discontinue their duties until the Court of Appeal or the Regional Court of Appeal withdraws the case. If the courts order a reelection to be held in any constituency or a revocation of any individual’s right to vote in election of members of local assemblies or local administrators, membership of local assemblies and the position of local administrators shall be terminated. The judgment of the Court of Appeal and the Regional Court of Appeal shall be final.

            4. A member of local assembly or a local administrator who cannot continue his or her duty is not to be counted as a current member of the local assembly or local administration.

            5. To annul Clause 1 of the Announcement of the Council for Democratic Reform No. 32 dated 30 September B.E. 2549 (2006) on the powers and duties of the Election Commission relating to election of members of local assembly and local administrators, and replace it with the following:

            “In an election of members of a local assembly or local administrators of any local government organization under the Election of Members of a Local Assembly or Local Administrators Act B.E. 2545 (2002), the Election Commission the Election Commission shall announce the election result promptly, not to exceed sixty days from the election date”

            Clause one of this announcement shall take effect from 1 June 2014 onwards, whereas clauses 2,3,4,5 shall take effect from 22 May 2014 onwards.

                                    Announced on 6 June B.E. 2557 (2014)

                                                                 General Prayut Chan-O-Cha

                                               Head of the National Council for Peace and Order