Panat Tasneeyanond, a caretaker senator and former Constitution drafter, yesterday said the ruling party could be dissolved if it appeared clear to the Constitution Court that it violated Article 66 (1) of the Political Party Act by hiring minor parties to contest the April 2 election so it could avoid the 20 per cent vote rule.

It could also have violated Article 66(3) through conduct that could harm state security, order or people's morality or violating election laws by such hiring, he said. How-ever, it has denied any acknowledgement of the accusation, and it might not be charged, he said.

The only crime the 60-year-old Democrat Party should be worried about could be for violation of Article 66(3) for hiring a minor party to frame Thai Rak Thai, Panat said. "Such hiring is against the election law. The three small parties would also be charged with the same conduct. The court must consider which party hired which parties and what were the motivations," he added.

No matter what the ruling, the election on October 15 must continue, he said. The election has nothing to do with the court. If the parties were dissolved after the election, the elected and endorsed MPs of the parties could move to other parties within 60 days and remain MPs according to the law.

Chulalongkorn University political science lecturer Trakul Meechai said Thai Rak Thai would be

dissolved if evidence proves the party hired small parties to contest the election.

The only Democrat crime that could lead to a dissolution would also relate to Thai Rak Thai's case: the hiring of a small party to frame Thai Rak Thai, he said. The other accusations should not cause a dissolution.

However, the chances were equal for party dissolution, Trakul said.

"The election on October 15 is unlikely. But postponement could be dangerous to Thai politics as the caretaker government would still be in place," he said.

Trakul proposed political reforms and a new group of people to hold the election, not the current Election Commission (EC) - to make people respect the rules.

Caretaker Education Minister Chaturon Chaisang said it depended upon which principles were used to consider the case - the law or conscience.

He said it also depended on whether to act against the parties or individuals.

"I want to ask which democratic country dissolves a big party and an old party at the same time? What will the world think about the country? Democracy and the parliamentary system go together. The parliamentary system and political parties also go together. Democracy can be strong only if political parties are strong - which is the Constitution's intention," Chaturon said.

If the Thai Rak Thai and the Democrat Party were dissolved within three to six months and the election occurred in October, members of the two parties would not have 90-day party membership to contest the election, he said.

If only Chat Thai Party and some small parties could compete, the election might not be just, Chaturon said.

However, postponing the election for a longer period would also be against the intention of the Constitution, which required an election for people to choose their government within 60 days of a House dissolution.

Sucheera Pinijparakarn,

Supinda Na Mahachai

The Nation