What remedies are available in the first instance?

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 Election Directorof 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 suchperson.

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 in the GovernmentGazette, for an expedient and fair trial. It may be determined that a Court ofFirst Instance having jurisdiction within a constituency be a recipient of amotion to be thereafter forwarded to the Supreme Court for trial or that theCourt of First Instance takes evidence or conducts other necessary proceedingsin lieu of the Supreme Court.

On the election day, if itappears that no motion has been filed with the Supreme

Court under paragraph one or amotion has been filed but the Supreme Court has not yet

passed a decision, the trialshall be terminated and the election shall proceed in accordance

with the notice ofapplications for candidacy in force on the election day.

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 in the GovernmentGazette, for an expedient and fair trial. It may be determined

that a Court of First Instancehaving jurisdiction within a constituency be a recipient of a

motion to be thereafterforwarded to the Supreme Court for trial or that the Court of First

Instance takes evidence orconducts other necessary proceedings in lieu of the Supreme

Court.

On the election day, if itappears that no motion has been filed with the Supreme

Court under paragraph one or amotion has been filed but the Supreme Court has not yet

passed a decision, the trialshall be terminated and the election shall proceed in accordance

with the notice ofapplications for candidacy in force on the election day.

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