The court postponed the verdict reading till June 13 after a defendant, Parinya Nakchattree, informed the court through his lawyer that he had undergone an operation on his gall bladder on Monday.
The lawsuit was filed by former Democrat deputy leader Thaworn Senneam against the Office of the EC, former EC chairman Wassana Permlarp, Parinya, Weerachai Naewboonian, Charupat Ruangsuwa and former EC secretary-general Ekkachai Warunprapha.
The defendants were accused of violating the EC Act and the Penal Code by holding by-elections in 38 constituencies in 15 provinces on April 23, 2006.
The by-elections were held after candidates who faced no competitors in their constituencies failed to receive at least 20 per cent of votes from eligible voters. Thaworn alleged the defendants violated the law by allowing failed candidates from other constituencies to apply in the 38 seats, so Thai Rak Thai candidates could avoid the 20-per cent-vote requirement.
Wassana came to the Criminal Court to hear the ruling alone. Weerachai died on August 21, 2012 while appealing against the lower courts’ rulings.
The Criminal Court ruled on July 25, 2006 that Wassana, Parinya and Weerachai broke the EC Act, sentencing them to four years in jail each and suspending their election rights for 10 years. The court dismissed the suit against the EC Office and Ekkachai. Charupat resigned as an EC member so Thaworn withdrew the lawsuit against him.
Wassana, Parinya and Weerachai appealed the ruling but the Appeals Court upheld it, prompting the three to submit an appeal to the Supreme Court.