Silent campaign A colourful array of posters introducing senatorial candidates lines the roadside to draw attention to the Senate elections on April 19. Unlike those running for seats in the Lower House, candidates for the Senate are not allowed to active

The Democrat Party will file a criminal suit against the Election Commission if it allows new candidates to run in by-elections in the 38 constituencies where single candidates failed to gain the minimum vote required by the Constitution, a party executive said yesterday.

On Tuesday the commission ruled that all parties could field either failed or new MP candidates for the 38 constituencies in the by-election set for April 23. They can register their candidacy tomorrow and on Sunday.

The registration and by-election for constituency 3 in Nonthaburi will be held on the same days. No qualified candidate ran for that seat on Sunday.

The ruling might be illegal, Democrat executive Pichet Phanwichatkul said on a radio programme. The law said only failed candidates could be fielded in the by-elections and the commission must keep holding by-elections until one candidate for the constituency wins the seat, Pichet said.

Deputy Chat Thai Party leader Somsak Prisananuntagul called on the commission to prove its neutrality in order to regain public trust.

Commission secretary-general Ekkachai Varunprapa had told the media that if it did not approve election results within 30 days, traditionally only failed candidates would be allowed to run in a new election, Somsak said.

The commission had shortened the period for considering whether candidates are qualified to two days.

If disqualified candidates want to appeal, they must file complaints to the Supreme Court within two days of being disqualified by the commission.

Meanwhile, a source said it was likely the Administrative Court would decline to hear the case brought by the People's Alliance for Democracy calling for it to invalidate last Sunday's election.

The alliance alleges the commission broke electoral law by positioning voting booths in a way that deprived voters of privacy. The court would likely say it was not authorised to hear the case, the source said.

Alliance spokesman Suriyasai Katasila said the group would try to find ways to invalidate the election, maybe by filing criminal or civil lawsuits, or even filing complaints to the National Counter Corruption Commission.

It would soon discuss the decision to allow new candidates to run in the by-elections.

In the constituencies where only one candidate is running, the Constitution requires the candidate to win at least 20 per cent of eligible votes.

If there are two or more candidates running for a constituency seat, the one who wins the most votes wins even if the total is less than 20 per cent.