court: AEC establishment, extension legal

Constitution Court secretary-general Paiboon Warahapaitoon said a nine-member panel judge ruled with nine votes that the announcement No 30 of the CDR did not infringe upon the 2007 Constitution because it had the legitimacy to issue law for peace and order. The CDR established the AEC as a check mechanism through the authority of the National Counter Corruption Commission and the Anti-Money Laundering Commission. However the AEC did not have the right to rule.

All announcements or instructions issued by the CDR and its leaders from September 19, 2006 to the day the 2007 Constitution went into effect to have legal effect over the legislative, executive or judicial branch  were legitimate and constitutional as guaranteed by Article 309 of the Constitution.

The CDR's announcements and orders have the effect whether before or after the Constitution took effect, Paiboon said.

The court also ruled unanimously that the extension of the AEC term to June 2008 did not violate the Constitution and did not give more power to the AEC. The extension of the term aimed to allow the AEC to continue its work and was not the establishment of the new organization. The extension of the AEC term was also guaranteed by Article 309 of the Constitution.

The court will today deliver the ruling to the Supreme Court's for Political Division for Political Office Holders which tries cases levelled by the AEC for acknowledgment.

The court is expected today to consider a case whether Public Health Minister Chaiya Sasomsap should be disqualified from holding office after the National Counter Corruption Commission found that he failed to declare all his assets within the given deadline.

Senate Speaker had earlier forwarded the complaint from Senators who sought the court ruling over the matter.