EC Commissioners Convicted

This just in – the Nation reports:

The Criminal Court Tuesday convicted the three election commissioners in malfeasance and sentenced them to four years in jail, causing their status to be in queston.

The details are a bit sketchy right now, but I have a feeling that the court ruling will be appealed as it seems to be built on somewhat shaky ground:

Thavorn alleged the three with violating the Criminal Code and MPs and Senators Election Act.

The court ruled that Thavorn had no authority to file the criminal charges citing the Criminal Code but the three EC commissioners were found guilty of violating the MPs and Senators Election Act.

With the verdict, it seems the commissioners are going to get kicked out of office, according to section 141 of the constitution.

Section 141. In addition to the vacation of office upon the
termination of the term, an Election Commissioner vacates office upon:
(1) death;
(2) resignation;
(3) being disqualified or being under any of the prohibitions under
section 137 or section 139;
(4) having been imprisoned by a final judgment to a term of
imprisonment except for an offence committed through negligence or a petty

(5) the Senate passing a resolution under section 307 removing him
or her from office.

Not sure if ‘final’ judgement includes the right to appeal to the supreme court or not. And it leaves us in a strange situation – the Senate is tasked with selecting the members of the EC, but since the last election the EC hasn’t certified the all members of the Senate yet. The caretaker senate (whose term already ran out), the same people who chose this current group of EC commissioners, will be the ones who have to choose new commissioners again?

The impasse is not over yet it looks like.


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