EC as responsible for failed Feb 2 poll as other groups

Election Commission members Somchai Srisuthiyakorn recently said the agency would seek compensation from people deemed responsible for the election being nullified. He noted that the cost of holding the voided election was about Bt3 billion. Somchai did not clearly identify the persons to be sued by the EC for damages, but judging from his recent remarks, it was not too difficult to guess the target.
“The EC tried to tell the government at that time, through every means, that if we went ahead with the election, it would be void eventually. It was because registration of election candidates could not be done for 28 constituencies in southern provinces. This would make it impossible to hold the general election throughout the country in the same day. The law stated that a general election must be held on the same day in the entire country, otherwise the election would be void. However, the government at that time did not listen to us. They accused the EC of overreacting,” Somchai said.
Looking back, we will find that the previous government may not be the only culprit responsible for the election being nullified. In fact, if legal action actually takes place, the people who obstructed the election should be the first defendants.
At that time, the People’s Democratic Reform Committee attempted to obstruct the general election at every stage. They besieged places where registration of candidates was taking place, which led to confrontation and violence in Bangkok as well as in the provinces.
The violence heightened on the day of advance voting, when protesters blocked access to many voting stations. Many eligible voters could not cast their ballots and confusion ensued in many areas. A protest leader was shot dead just outside a voting station in Bangkok, and the gunman was allegedly linked to the opposite political camp. On voting day, protests in many provinces also managed to prevent electoral officials from taking the necessary equipment to the balloting places.
In addition to the protesters, another group of people who should be deemed responsible was the EC. The agency had the duty to organise elections – but many observers suspected the EC did not attempt to do so to the best of its ability. There were insufficient measures to provide safety for the voting stations, the electoral officials and the eligible voters who wanted to exercise their right.
At that time, the EC pushed mainly for postponement of the general election, despite concerns over legal limitations in doing so. It acted as if it was involved in the conflict itself, although it was supposed to be the referee.
The EC might end up having to pay compensation for the nullified election, as it cannot evade the responsibility. If it really wants to sue someone for damages, it should also prepare to pay.