Requirement to issue reasoned decision

ORGANIC ACT ON ELECTION OFMEMBERS OF THE HOUSE OF REPRESENTATIVES AND INSTALLATION OF SENATORS B.E. 25501

Section 39 Any applicant whose name doesnot appear as a candidate in the notice of the Election Director ofconstituency under Section 37 shall have the right to file a motion with the Supreme Court withinseven days as from the date of the notice of list of eligible candidates, exempt from anyfee for the court proceedings. When the Supreme Court passes a decision, it shall promptly informthe Election Director of constituency and the election director of the constituencyshall promptly comply with the court order. If the court orders the acceptance of the application,the name of that person shall be notified under Section 37, but

it shall not affect any actdone prior to the receipt of the court order.

In the trial and adjudicationunder paragraph one, the President of the Supreme Court, with the approval of a generalmeeting of the Supreme Court, shall have the power to issue rules as published in theGovernment Gazette, for an expedient and fair trial, and such trial

shall be completed by not lessthan one day before the election day. It may be determined that a Court of First Instancehaving jurisdiction within a constituency be the recipient of a motion to be thereafter forwarded tothe Supreme Court for trial or that the Court of First Instance

takes evidence or conducts other necessaryproceedings in lieu of the Supreme Court.

Section 40 Prior to the election day, ifthere is evidence that a candidate who lacks the

qualifications to exercise, oris under any prohibition in exercising his or her right to be a

candidate, the ElectionDirector of the constituency shall promptly conduct an investigation

and inquiry. If the electiondirector considers that the candidate lacks the qualifications to

exercise, or is under theprohibitions in exercising his or her right to be a candidate, the

Election Director shall file amotion with the Supreme Court for a trial and adjudication to

revoke the candidacy of such person.

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