Chulalongkorn University academic Chaiyan Chaiyaporn carries a placard quoting Article 65 of the Constitution after he destroyed his ballots at a Bangkok polling station yesterday. Article 65 empowers citizens to peacefully resist attempts to seek power u

A leading Chulalong-korn University

academic ripped up his ballot paper yesterday morning in protest against the election but was immediately arrested and faced five hours of police questioning.

Chaiyan Chaiyaporn, head of the Government Administration Department, ticked the "no" slot on his ballot slip for his constituency and party-list candidates but then tore them up in front of an army of reporters.

Before signing his name, Chaiyan said he needed to destroy the ballots to make sure they would not be abused to help any party.

Chaiyan and his son, Thayan Chaiyaporn, who is in sixth grade, arrived at the 62nd polling station at the Triam Udom Suksa School in Suan Luang district with his son carrying a placard that quoted Article 65 of the Constitution.

The article empowers citizens to peacefully resist any attempt to seek power unconstitutionally.

Chaiyan said he was unsure if his vote would be abused to whitewash Prime Minster Thaksin Shinawatra, saying the election was not called for democratic reasons but as a result of Thaksin's problems.

"How can I be sure that my ballot will not be changed? I had to do something to defend our rights," Chaiyan said.

"I had to do what appears to be breaking the law and fight the case in court. I admit I have broken Article 108 of the MPs and Senators Election Act."

After marking the ballots, Chaiyan showed the slips before ripping them up. He said the act upset him but he received prolonged applause and shouts of "Thaksin get out".

He announced he would fight the case in court and would not pay a fine. Police then arrested him and took him to Prawet police station.

The Thammasat University law centre will defend him in court and former senator Kaewsan Atibhodhi will provide legal advice.

Several alumni of Chula's Faculty of Political Science and former student activists from the 1970s followed him to the police station in support, saying they admired his courage.

But a businessman, Phakhin Damrongtripol, 52, said he disagreed with Chaiyan's actions, which set a bad example and could lead to turmoil. He then got into an argument with the academic's supporters.

Chaiyan was interrogated for five hours and released on bail using his position as a guarantee. He was charged with violating the Election Act.

After his release Chaiyan said the Constitution should overrule election law, adding he would meet with his legal team this week.

Meanwhile, Anek Laothamatas, the former leader of the Mahachon Party, after casting his vote in Vatana district, said he supported Chaiyan's courageous fight for his rights.

Another two men in Bangkok followed Chaiyan's suit yesterday evening and ripped up their ballot papers in protest against Thaksin.

In Rat Burana district, Rateakkarat Ratchapakdi, 45, claimed that the way the polling booths were set up was illegal and later returned dressed in black and destroyed his ballot papers.

He refused bail and chose to remain in police custody in protest.

The other person to rip up their ballot papers was Sorrasak Seangchailapwattana, 55, in Bang Khunthien district.