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Democrats file petition seeking Constitutional Court ruling on controversial Order 53/2560

Jan 23. 2018
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By Khanittha Theppajorn
The Nation

3,274 Viewed

Democrat Party leader Abhisit Vejjajiva and his deputies on Tuesday filed a petition to the Constitutional Court via the Ombudsman, seeking a ruling against the junta chief’s order to amend the political party law.

The order, which extends the periods for their administrative work ahead of the next general election, was later deemed to have included new conditions that political parties said violated their rights.

Abhisit said Order Number 53/2560 had violated Articles 26 and 27 of the Constitution. 

Article 26 addresses legal enactments, which it states should not violate the rights and freedom of the people, while Article 27 states that the rights and freedom of the people should be protected. 

The junta chief’s order is also deemed to violate Article 45 of the charter, which concerns the rights of the people to set up political parties, Abhisit said.

Besides, the order may have violated the Constitution in terms of it being a legal enactment that should first pass public hearings in accordance with Article 77.

“I don’t mean to create a problem for the order issuer [National Council for Peace and Order chief and Prime Minister General Prayut Chan-o-cha], but the order is an issue in regard to violations of people’s rights and freedom, which contradicts the political reform effort. Its process is also not legitimate and is contradictory to what is addressed in the charter,” the former PM said.

The order, Abhisit said, caused trouble to the people and put more burdens on them, which contradicted the Constitution.

For instance, they are asked to verify their membership, which entails a great deal of paperwork, while political party leaders have to endorse them all, increasing the burden on them as well, he added.

The order has also created unfair treatment between old and new parties, he said.

Ombudsman secretary-general Rakkecha Saechai said the Ombudsman would take the matter into consideration, along with a similar petition from the Pheu Thai Party.

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