EC chief hints at ‘secret weapon’ to fight organic law in court

Constitution Drafting Commission (CDC) chairman Meechai Ruchupan said on Wednesday that it was not legally possible to petition the Constitutional Court unless the law “was officially in effect”.
The EC bill is among the first four organic draft bills essential for the coming election. It was passed last month by the National Legislative Assembly, but the EC opposed the passage arguing that some content, including the total reset of the EC, was unconstitutional. The joint law review committee was set up but resolved against the EC’s argument, suggesting no further amendments. The EC hence plans to petition the court.
Meechai said if the Constitutional Court ruled that the clauses in the bill in question were unconstitutional, the EC members would have to be prepared to be prematurely removed from office when it could have served until the new commissioners were appointed.
Supachai responded on Thursday that the agency was well aware of the procedure under Section 210 of the Constitution, but insisted there were other channels it could use as a secret weapon to fight the organic law, which the agency has argued is unconstitutional.
Section 210 stipulates that the court could also accept a petition concerning “draft bills”, apart from promulgated laws.
Supachai declined to disclose what the secret channel was but expressed confidence that the agency knew what it was doing and would not embarrass itself.
The EC president said he had no concerns about premature dismissal.
“If the bill is unconstitutional, it has to be dropped. Then we don’t act on behalf of the new EC batch but stay on following a special law,” Supachai said. “It’s not that we have to leave immediately. But I won’t tell you what law that is.”
He went on to say that sooner or later the commissioners had to go. Supachai said he had no concern about his removal. He only cared about the effectiveness and efficiency of the agency, the EC president said.