Possibility to appeal

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

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 andinquiry. If the election director considers that the candidate lacks thequalifications to exercise, or is under the prohibitions in exercising his orher right to be a candidate, the Election Director shall file a motion with theSupreme Court for a trial and adjudication to revoke the candidacy of such person.

In a trial and adjudicationunder paragraph one, the President of the Supreme Court, with the approval of a generalmeeting of the Supreme Court, shall have power to issue rules as published inthe Government Gazette, for an expedient and fair trial. It may be determinedthat a Court of First Instance having jurisdiction within a constituency be arecipient of a motion to be thereafter forwarded to the Supreme Court for trialor that the Court of First Instance takes evidence or conducts other necessaryproceedings in lieu of the Supreme Court.

On the election day, if itappears that no motion has been filed with the Supreme Court under paragraphone or a motion has been filed but the Supreme Court has not yet passed adecision, the trial shall be terminated and the election shall proceed inaccordance with the notice of applications for candidacy in force on theelection day.

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