Who may file a complaint?
Thailand
- Eligible Voter
- Registered Voter
- Candidate/ Party Representative
- Political Party
- EMB
ORGANIC ACT ON ELECTION OFMEMBERS OF THE HOUSE OF REPRESENTATIVES AND INSTALLATION OF SENATORS B.E. 25501
PART XI
ELECTION PETITION
Section111
Afterthe announcement of the result of election, if there appears convincingevidence that an election in any constituency was not conducted in an honestand fair manner or that any Member of the House of Representatives or candidateacted dishonestly in order to be elected or was elected dishonestly as a resultof an act of any person or political party which violates this Organic Act, aRegulation or a Notification of the Election Commission or the Organic Act onPolitical Parties, the Election Commission shall file a motion with the SupremeCourt for consideration. In the case where the investigation by the SupremeCourt reveals convincing evidence that the petition of the Election Commission isjustified, the Supreme Court shall order a new election or the derogation ofthe right of candidacy of such Member of the House of Representatives orcandidate for a prescribed period of five years and thereafter notify thePresident of the House of Representatives and the Prime Minister.
In thecase where the Supreme Court has received the petition under paragraph one, suchMember of the House of Representatives shall cease his or her performance ofduties until the Supreme Court orders the dismissal of such petition and if theSupreme Court orders a new election or the derogation of the right of candidacyof Member of the House of Representatives, the membership of the House ofRepresentatives of such Member of the House of Representatives shall terminate.
[...]
Section 114
A voter, candidate orpolitical party having candidate or candidates standing for an election in aconstituency shall have the right to petition the Election Commission for the reason thatthe election in such constituency has not been fair or legal.
The person under paragraph onemay petition before the day of the announcement of the results of election orwithin thirty days as from that day save the petition according to the reasonsunder Section 50 or Section 52 which shall be made within one hundred andeighty days as from the day of the announcement of the results thereof.
When the Election Commissionhas received the petition, it shall promptly conduct a
factual investigation and inquiry.
Source:
