To ban or not to ban

With impeccable timing, the EC announced the decision to ban the Democrats. The cases will now go to the Constitutional Court. I’ve been reading here and there whether party executives will face the 5 year ban as TRT and PPP exec had.

There are two cases, the first being the misreporting of the TPI Polene donation and the second being the mishandling of 29 million of EC funds. The second case had a 5:0 vote.

I’m trying to make sense of the Political Party Act BE 2550. There are two key sections related to dissolutions – section 97 (dissolution, with only the provision that execs cannot setup another party for 5 years) and section 98 (dissolution with 5 year ban from politics). Section 98 lays out conditions for its application as:

  • Violation of Sections 82 or 94. Section 94 doesn’t really apply to the Dems as none of the two cases seems to related directly to election outcomes. Section 82, however should apply – it relates to the correct reporting of EC funds given to political parties.
  • Executives were directly involved, were aware of the matter or negligent, or found out about the matter and did not act to stop or undo. The case might hinged on this fact.
  • Let’s wait and see how this will play out…

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