Jatuporn may lose MP status over invalid party membership
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Pheu Thai MP Jatuporn Promphan could lose his job because the validity of his party membership is under question, Election Commission member Somchai Juengprasert said yesterday.
“The EC ruling on the Jatuporn case was based on one central issue: whether he has a valid party membership that qualifies him for a House seat,” he said.
Somchai explained that the EC debate on Jatuporn’s failure to cast his vote in the July 3 general election was a secondary issue and not a critical factor to his disqualification. Jatuporn was unable to cast his vote because he was behind bars.
Under the Constitution, a winning candidate must hold a valid party membership to have the voting outcome endorsed and qualify for the job, Somchai said.
Since the validity of Jatuporn’s party membership is being questioned and there have been no previous cases like this, the EC has decided to seek a judicial review from the Constitution Court, he said.
The question about Jatuporn’s party membership arose because he is under court-sanctioned remand, he said, adding that there were no clear legal guidelines on whether party membership automatically ends upon remand.
However, he said, the EC’s ruling on Jatuporn could help clear up this grey area, adding that the commission needed about a month to prepare the case before seeking a judicial review via the Office of the House Speaker.
Meanwhile, Pheu Thai Party secretary-general Jarupong Ruangsuwan said his party vouched for the validity of Jatuporn’s membership.
“Under the instruction of the party leader [Yongyuth Wichaidit], I can confirm that Jatuporn is a proper party member,” he said, adding that Jatuporn’s position in the party allowed him to contest in the general election.
As for Jatuporn’s failure to cast his vote, Jarupong said it was unfair to penalise him because even though he had every intention to cast his ballot, he could not because he was not granted bail.
The Wang Thonglang district office in Bangkok, which had jurisdiction over the polling station, ruled that Jatuporn had a valid reason for failing to vote and that allowed him to retain his voting rights and remain in the electoral process, he said.
Jarupong also said he did not understand the EC ruling, as he cited the case of Pheu Thai candidate Kokaew Pikhulthong, who was under remand during the 2010 by-election but was not penalised. Kokaew was defeated in the poll.
Pheu Thai MP Phiraphan Phalusuk said that at this juncture the EC was merely stating its legal opinions and that the case would be decided by the high court.
He said the lack of consensus in the EC decision was indicative of existing flaws and voiced concern about the authorities maliciously attempting to invoke the law as a pretext to undermine the Pheu Thai-led government.
Democrat MP Rames Rattana-chaweng said Jatuporn was trying to divert attention by raising conspiracy theories.
“The issue is simple and depends on the Constitution Court’s ruling, but Jatuporn is dramatising this case by linking his fate to that of the government,” he said.
Anti-corruption advocate Mongkolkitt Suksintharanont has submitted a petition at the Office of the House Speaker calling for Jatuporn to return his salary and benefits since he was disqualified.
