Jaran Pakdithanakul, secretary to the Supreme Court president, explains the outcome of yesterday’s summit of presidents of the country’s three top courts.

Election Commission (EC) chairman Vasana Puemlarp was adamant in his reaction to advice by presidents of the three top courts yesterday that the election commissioners should resign to make way for a "smoother and more credible election".

"I can make my own decisions. There's no need for anyone to guide me," Vasana told reporters.

"I have dignity. I'm not a street dog. I won't allow them to drive me away," a source quoted Vasana as saying, when over 100 EC officials offered the four embattled commissioners moral support.

Vasana met another group of supporters from Ayutthaya in the afternoon, when he reiterated that the election commissioners had performed their duty honestly and in line with the law.

"I don't want to talk much as it looks like I'm finding excuses. I believe in the law of karma," he said.

The chiefs of the Supreme Court, Constitution Court and Supreme Administrative Court agreed at their meeting yesterday that the four EC members should step down to pave the way for judicial intervention aimed at restoring the credibility of the electoral process, according to Jaran Pakdithanakul, secretary to the Supreme Court president.

"The management of the electoral process remains problematic and people have lost trust in the Election Commission," Jaran said. He was briefing the press after a second judicial summit convened to resolve the political crisis.

However, none of the election commissioners have expressed a desire to quit, said EC secretary general, Ekkachai Warunprapha, who also dismissed press reports that certain EC members had their belongings moved from their offices.

Ekkachai yesterday led a large group of EC officials to offer the four commissioners moral backing. No reporters were allowed at the meeting, described by the EC as an internal affair.

Former EC secretary-general Vijit Yoosupap, said at a panel discussion yesterday that the EC members had told him they would definitely not resign their seats as they believed they had done nothing wrong.

Meanwhile, Democrat Party leader Abhisit Vejjajiva yesterday expressed support for calls for the EC members to step down. He said he did not think there would be any legal problems involving the selection of new EC members with the absence of a functioning House of Representatives, as suggested by Deputy Premier Wissanu Krea-ngam.

Chat Thai Party leader Banharn Silapa-archa yesterday said he did not think the EC members would be able to remain defiant for long. "I think it will be clear in a few days whether they will resign," he said.

In a related development, Constitution Court acting president Parn Jantaraparn, yesterday said the court's written verdict on the case against the EC would be forwarded to the agency today. The court on Monday nullified the April 2 general election and ordered a new poll. The EC chief declined to comment until he had read the full text of the verdict.

Parn said the verdict stated a new election should be held within 60 days after a new royal decree calling the new election had been issued. It was the duty of the EC to determine when the new decree should be issued, he said.

Supreme Court president Chanchai Likhitjittha hosted yesterday's summit of the court chiefs. He welcomed counterparts Parn and Ackaratorn Chularat from the Supreme Administrative Court.

At their first summit last month, the three agreed to divide responsibilities relating to the April 2 vote to speed up the process. This led to the Constitution Court ruling on Monday cancelling the flawed ballot and calling for a new election.

At yesterday's summit, Parn explained the court's ruling that the EC had violated the Constitution by mismanaging the election.

The summit acknowledged the judicial order for a new vote, Jaran said. They discussed how the judiciary could ensure a future election is fair with the Supreme Court outlining possible options, he said.

If the EC was allowed to manage the next poll, it might delegate part of its responsibilities to the courts, as per Article 145 of the Constitution, Jaran said.

But the judges viewed this as impractical because the courts would have too little involvement to ensure the vote was fair, he said.

Jaran said the second summit deemed it necessary for the courts to intervene and supervise the electoral process in order to guarantee fairness.

Article 138 of the Constitution empowers the Supreme Court to nominate election monitors but this can only happen if the EC resigns, he said.

"To end the crisis, the EC needs to make a bold and sacrificial move by resigning," he said.

Speaking after the meeting, Parn said he and his two counterparts agreed that Article 138 was the best option to manage the polls if the EC decided to leave office.

"The judicial intervention should not be construed as pressure for the EC to resign but as an attempt to ensure a fair election," he said.

"All three courts agree on the necessity to invoke Article 138 and have not discussed any alternative should the EC decide to remain in office," he said.

Atthayut Butrsripoom,

Kesinee Taengkhieo

The Nation