People vent their frustration at the Election Commission (EC) by hurling potatoes at caricatures of EC members in front of its headquarters.

The judicial summit yesterday demanded the three remaining members of the Election Commission quit, saying they had neither the public trust nor the numbers to run the next poll.

It was the strongest call ever from the chiefs of the three top courts who last week suggested the election commissioners should resign to make way for a "smoother and more credible election".

"The sooner they resign the better," said Charan Pakdithanakul, secretary to the Supreme Court president.

"An undue delay will inflict greater damage and the EC will have to shoulder the responsibility for not making a proper decision when it still can."

While confirming the resignation of Jaruphat Ruangsuwan yesterday, EC Secretary General Ekachai Varunprapa said the other three remaining EC members had no plan to quit for the time being.

"They said in a meeting today that they had more work to do including certifying the Senate election results and organising a new general election," he said.

Charan made the demand for the election commissioners' resignation as he briefed reporters yesterday on the third judicial summit to untangle the political can of worms left from the April 2 vote.

Supreme Court president Chanchai Likhitjittha hosted the meeting for his two counterparts, Parn Jantaraparn of the Constitution Court and Ackarathorn Chularat of the Supreme Administrative Court.

The top three judges started by rejecting an EC suggestion for the judiciary to help in the management of the new election, Charan said.

"As per the verdict of the Constitution Court, the EC failed to ensure a secret ballot, leading to the most serious blunder of democratic rule," he said.

The courts found it impossible to restore the credibility of the election process so long as the EC members remained in office, Charan said.

"An honest and fair election will not take place if the incumbent EC is allowed to continue supervising the voting," he said.

Jaruphat stepped down on Monday and the other three should follow suit, Charan said.

Jaruphat's departure raised the question of whether the remaining EC could legally set the new election date on October 22 or any other day, he said.

"With three members, the EC lacks a quorum to continue working, so its pending decisions, including the new election date, will be unlawful," Charan said.

In regard to the scheduling of a fresh general election, the EC floated its proposal without convening a formal meeting as required by the election law, he said, adding that even if the meeting were called, the EC has insufficient members to make any decisions.

Article 8 of the EC Act requires the presence of four of the full complement of five members. That amounts to 80 per cent of the EC's composition while the three members make up only 75 per cent.

Charan said the EC members had no justification to remain in their posts.

Should they vacate their offices, the Supreme Court stood ready to revamp the EC so that politics could start anew with a free and fair election, he said.

The government should carefully review issues surrounding the EC before enacting a new royal decree calling for the election, he added.

Democrat Party spokesman Ong-art Klampaiboon said the three commissioners still clinging to their jobs should consider their reputations and decide to give up their seats for the sake of the people and to stop troubling the country.

Ekachai yesterday said the remaining three election commissioners could still function constitutionally despite the resignation of Jaruphat.

"The resignation is unprecedented but we respect his decision anyway," he said.

Ekachai said the EC would be willing to have the Senate and the Supreme Court help it nominate a new election commissioner to replace Jaruphat.

He also countered Charan's questioning of the EC's legitimacy in setting the date for the next general election.

"The October 22 election date was just a proposal made in a joint meeting between the EC and political parties, not the commission's official resolution. Such a date is not legally binding and the final decision will rest on the government," Ekachai said.

Supon Thanukrit

Atthayuth Butrsripoom

The Nation