HM the King asks Administrative Court judges to help solve the political crisis during an audience at Klai Kangwol Palace in Prachuap Khiri Khan on Tuesday.

The April 2 snap election looks certain to be nullified after HM the King's rare speech to Administrative and Supreme Court judges on Tuesday.

The televised address came as a big surprise, but the message was clear. The King did not approve of the electoral process, which has raised legal and constitutional problems.

He told the Administrative Court and Supreme Court judges to work with their counterparts in other courts to determine how the country could get out of the mess because the electoral process so far had not been democratic.

Financial analysts quickly interpreted the King's speech as a signal that the April 2 election will soon be nullified.

"We believe that, based on the King's speech, the most likely scenario is for the Court to annul the elections," said a report from JP Morgan Thailand.

"This will lead to the calling of another election, possibly 60 days from now. Although the Democrats boycotted the previous elections, they may have no choice but to participate in the upcoming one, given the King's view that an election contested by one party led to the current political mess," the report said.

Supavud Saicheua, of Phatra Securities, said: "The many shortcomings of the April 2 elections pointed out by His Majesty the King strongly suggested that it is beyond repair. Since this implies that the King would be unwilling to open the new Parliament, it appears to us that another election may become a matter of unavoidable necessity.

"The courts are also expected now to more actively prevent 'muddling through' the political process of Thai politics."

HM the King raised three key points in his speech. First, he believes an election contested by one party is not democratic.

"You have the right to say what's appropriate or not," His Majesty told the Administrative Court judges during a Royal audience at Klai Kangwol Palace in Prachuap Khiri Khan.

"[I] did not say the government is not good. But as far as I'm concerned, a one-party election is not normal. The one-candidate [situation] is undemocratic. This is about administration. Do your best. You, not the government, have to resign if you cannot do the best of your duty."

Second, he rejected calls for royal intervention to appoint an interim prime minister by invoking Article 7 of the Constitution. He said such a move would be unconstitutional and that throughout his reign he had never exercised any power beyond legal or constitutional boundaries.

"Article 7 does not empower the King to make a unilateral decision. It talks about constitutional monarchy but does not give the King power to do anything he wants. If the King made [such] a decision, he would overstep his duty and it would be undemocratic."

The King referred to his appointment of Prime Minister Sanya Dharmasakti in 1973, saying that his action was democratic because there was still a House of Representatives, House speaker and deputy House speaker to function under the Constitution at the time.

"Installing a royally-appointed prime minister means appointing the prime minister without any rule. At that time there were rules. Professor Sanya was royally appointed as prime minister, and his appointment was then legally countersigned by a deputy House speaker. Go review history.

"Now, I have suffered a great deal, because whatever happened there will always be calls for a royally-appointed prime minister. It is not democratic. Go back and read Article 7. This is a wrong citation of Article 7. The article only has two lines; that is, whatever not stated by the Constitution, one should follow the traditional practices. But asking for a royally-appointed prime minister is undemocratic. It is irrational; it is a mess."

Third, the Administrative Court and the Supreme Court should hold discussions with other courts of the country to look at ways to get Thailand out of the current political quagmire.

"Without the House of Representatives, there won't be democracy. We have many types of courts and councils, every one of them has to work in unity and find solutions," the King told the judges.

His Majesty's speech demonstrates how he has delicately and impartially sought to break the political deadlock. The country is facing a political crisis, but there is a way out within the current legal and constitutional means if people think the whole process through.

All parties involved in the present political mess are to be blamed. The People's Alliance for Democracy has been calling for the King to appoint an interim prime minister via Article 7. The Democrat Party has also called for Thaksin Shinawatra and his Cabinet to step down, which would pave the way for an interim government appointed via Article 7. It and other opposition parties boycotted the election.

The Thai Rak Thai Party tried to use its advantages as an incumbent government for political gain and insists on forming the next government virtually through one-party rule. The Election Commission has been organising ballots in favour of the ruling Thai Rak Thai Party, violating several electoral laws. The Administrative Court has failed to take up cases against the Election Commission.

Following His Majesty's speech, there is a clearer sense of direction for Thai politics. Over the next 10 days or so, there should be rulings from the courts nullifying the election, similar to the Central Administrative Court's ruling on the privatisation of the Electricity Generating Authority of Thailand.

Then, Thailand should get a new election and a new government, which would be devoted to constitutional reform. Following this there would be another election. Altogether, this would amount to three elections in one to two years.

Thanong Khanthong

The Nation