The Election Commission has signalled that a fresh election could be several months away after the Constitution Court voted 6-3 on Friday to nullify the Feb 2 poll results.
Pro-government student activists shrouded the Democracy Monument in mourning black after the court decision, before anti-government protesters tore it down. The inscription says "20 million + 3 is less than six" - meaning 20 million who voted for the government plus three judges who voted to uphold the election were overturned by six Constitution Court judges. (Photo by Apichart Jinakul)
EC member Somchai Srisuttiyakorn said there are two possible options for staging a new general election and the commission will debate them after studying the court ruling.
Constitutional Court Secretary-General Pimol Thampitakpong: "The election was not held on the same day nationwide, which goes against the constitution."
"The first option is that the EC and the government work together and set a new election date within 60 days," he said.
"The other is that the EC and all political parties work out the election date, which doesn't have to be within a 60-day time frame."
Mr Somchai said the two possible scenarios are based on the charter court's 2006 ruling which nullified that year's general election and asked the EC and political parties to work out a new poll date.
He said even though the 2006 ruling stated that a fresh election should be organised within 60 days, a meeting of political party leaders agreed to delay the poll.
A royal decree was eventually issued for the election to be held on Oct 15, 2006, but it was derailed by a military coup on Sept 16.
The Constitution Court ruled Friday by a 6-3 vote that the Feb 2 general election was unconstitutional.
- Earlier report: Court voids Feb 2 general election
The court was ruling on a complaint lodged by Kittipong Kamolthammawong, a law lecturer at Thammasat University, via the Office of the Ombudsman. It decided the poll violated Section 108 of the charter because it was not completed in one day.
The court based its ruling on Paragraph 2 of the section, which stipulates a general election must be held on a single day nationwide.
Voting could not take place on Feb 2 in 28 constituencies in eight southern provinces because no candidates were registered due to disruptions by anti-government protesters.
The court also said any plans to hold elections in the 28 constituencies after the Feb 2 date were prohibited. If such polls had been held, it would have violated the one-day stipulation, it said.
However, an EC source said the EC is expected to opt to discuss the new poll date with political parties. But the caretaker government, which is seen as a stakeholder, will not be invited to take part, the source added.
The EC will then inform the cabinet secretary-general of its decision so the government can issue a new royal decree to declare a new election date, the source said.
The cost of holding the fresh poll should be less than the 3.8 billion baht spent on the Feb 2 election as resources and equipment used for the Feb 2 poll are still available, the source said. (Continued after the photos)
Pro-election activists demonstrated before the Court decision (left). Protest leader Suthep Thaugsuban stood firm afterward: "No fresh election until after reform". (Photos by Reuters, AP)
EC chairman Supachai Somcharoen said the commission would meet on Monday to discuss the best course of action.
"The commission will study the ruling in detail and see if the court has any instructions like it did in the 2006 ruling," he said.
Mr Supachai said all political parties should have a say in the matter, but noted the EC would have to take into account the political situation to ensure tax money would not be wasted.
"We don't know when things will return to normal. It may take at least three months," he said.
The Pheu Thai Party yesterday issued a statement voicing opposition to the court's ruling, claiming a conspiracy against the government.
The ruling party insisted the constitution does not authorise the Office of the Ombudsman to forward a complaint to the charter court, nor does it give the court authority to accept the complaint.
The party said the election was declared void because of disruptions by "a minority of people" and this would set a dangerous precedent for future polls.
Pheu Thai also questioned the attitudes of both former and present charter court judges.
The party said several charter court judges were on the drafting panel for the current constitution and have often made life difficult for politicians and political parties, noting the dissolutions of the Thai Rak Thai Party and the People's Power Party.
United Front for Democracy Against Dictatorship chairman Jatuporn Prompan yesterday took a veiled swipe at the court, suggesting it should also have come up with ideas on how to hold fresh polls without disruptions.
Democrat Party leader Abhisit Vejjajiva said the court ruling gives caretaker Prime Minister Yingluck Shinawatra an opportunity to find a way out of the ongoing political crisis.
He said the government must respect the court's ruling and try to find ways to bring the country back to normalcy.
Mr Abhisit said the fresh election provides a chance for dialogue between Ms Yingluck and People's Democratic Reform Committee secretary-general Suthep Thaugsuban.
Both sides should hold talks to consider what could be done to ease the political conflict before a fresh poll is held, he said.
"I don't see any reason why Ms Yingluck and Mr Suthep cannot meet for talks," Mr Abhisit said.
He also said the EC and the government should not rush to hold a fresh poll too soon. They should take advantage of this opportunity to ensure the best solution to the political problem, and should discuss how to hold an election that is lawful and acceptable to all sides, he said.
After the court ruling, Mr Somchai took to his Facebook page to castigate the caretaker government, saying it must be held responsible for the 3.8 billion baht wasted in holding the Feb 2 poll.
The government insisted on going ahead with the poll despite the EC's warning it was plagued with problems and that it risked being voided by the charter court, he wrote.
Speaking to supporters at the Lumpini Park rally site yesterday evening, Mr Suthep insisted that a fresh general election must not happen until after the national reform process has been completed. He said the "great mass of the people" want reform to precede an election.
If the EC rushes to hold a fresh election, the new poll will face even more resistance than the Feb 2 election and the effort and money in holding it would be wasted again, Mr Suthep warned.
He also said he agreed with Mr Somchai's comment that the government must be responsible for the 3.8 billion baht wasted in holding the Feb 2 poll.