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EC disqualifies Pheu Thai MP Chatuporn
Election Commission on Tuesday disqualified outspoken Pheu Thai MP Chatuporn Prompan for not voting in the July 3 general election.
The EC voted four to one to disqualify Chatuporn, a prominent leader of red shirt movement and Pheu Thai party list MP, who was detained when the election took place in July.
The EC will forward the case to the Constitution Court for final approval.
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Embattled Jatuporn vows to fight on for justice
Red shirt leader Jatuporn Prompan yesterday vowed to continue fighting for justice and democracy despite losing his MP status.
He said being disqualified as a Pheu Thai Party list MP will not deter him from his cause, adding the move was likely to backfire on those seeking to keep him out of parliament.
"As I said on the day I was released, my MP status was not for real. Given a choice, I choose to be a red shirt. It doesn't matter if I am an MP or not. I'll continue fighting for justice," he said.
Mr Jatuporn was disqualified by the Election Commission (EC) on Tuesday for failing to vote in the July 3 general election.
He was being held in prison on terrorism charges related to last year's red shirt protests and his request to leave the prison to vote was denied.
A majority of EC commissioners decided to refer the decision to the Constitution Court for a final judgement via the House speaker.
Mr Jatuporn said there might be a hidden agenda behind the move to terminate his MP status, suggesting it could be an attempt to undermine the Pheu Thai Party or provoke the red shirts.
He also urged the House speaker not to delay sending the EC's request to the court. "I believe the mastermind behind the plot will appear very soon.
"I will appear in the Constitution Court even though I know how the case will turn out," he said.
Mr Jatuporn also urged red shirts not to dance to the tune of others, and be prepared.
Meanwhile, Pheu Thai Party MP and red shirt leader Korkaew Pikulthong said yesterday the case against Mr Jatuporn was intended to intimidate other red shirts.
He said it would also cause more anguish for those who deplore "double standards" in society.
"I don't understand what's happening. This is a country where a person who dodges the draft and orders crackdowns can be an MP," he said.
Another Pheu Thai MP, Pirapan Palusuk, said yesterday the court does not need to rule in the EC's favour.
He said the court will call for submissions before making its decision to allow Mr Jatuporn to state his case and the Pheu Thai Party's legal team would do its best to help.
Pheu Thai spokesman Prompong Nopparit said the party's legal team was confident it would win the case.
"We believe the EC decision is seriously flawed in terms of facts and related laws. We have time to prepare our case," he said.
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EC says it disqualified Jatuporn because he was in jail
The Election Commission decided to ask the Constitution Court to disqualify Pheu Thai MP Jatuporn Promphan because he has been detained in a prison, an EC commissioner explained Thursday.
EC commissioner Somchai Juengprasert said the EC decided to take the action not because Jatuporn has not cast his vote but because he was jailed.
Somchai said the five EC commissioners had consulted academics and all sides and believed that Jatuporn's detention caused him to be disqualified as a political party member as stated in the election organic law. So, the EC decided that he was not qualified as an MP.
Somchai said since the case was unprecedented, the EC had to disqualify Jatuporn and sent the case to the Constitution Court have its decision affirmed by court.
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Jatuporn may lose MP status over invalid party membership
Pheu Thai MP Jatuporn Promphan could lose his job because the validity of his party membership is under question, Election Commission member Somchai Juengprasert said yesterday.
"The EC ruling on the Jatuporn case was based on one central issue: whether he has a valid party membership that qualifies him for a House seat," he said.
Somchai explained that the EC debate on Jatuporn's failure to cast his vote in the July 3 general election was a secondary issue and not a critical factor to his disqualification. Jatuporn was unable to cast his vote because he was behind bars.
Under the Constitution, a winning candidate must hold a valid party membership to have the voting outcome endorsed and qualify for the job, Somchai said.
Since the validity of Jatuporn's party membership is being questioned and there have been no previous cases like this, the EC has decided to seek a judicial review from the Constitution Court, he said.
The question about Jatuporn's party membership arose because he is under court-sanctioned remand, he said, adding that there were no clear legal guidelines on whether party membership automatically ends upon remand.
However, he said, the EC's ruling on Jatuporn could help clear up this grey area, adding that the commission needed about a month to prepare the case before seeking a judicial review via the Office of the House Speaker.
Meanwhile, Pheu Thai Party secretary-general Jarupong Ruangsuwan said his party vouched for the validity of Jatuporn's membership.
"Under the instruction of the party leader [Yongyuth Wichaidit], I can confirm that Jatuporn is a proper party member," he said, adding that Jatuporn's position in the party allowed him to contest in the general election.
As for Jatuporn's failure to cast his vote, Jarupong said it was unfair to penalise him because even though he had every intention to cast his ballot, he could not because he was not granted bail.
The Wang Thonglang district office in Bangkok, which had jurisdiction over the polling station, ruled that Jatuporn had a valid reason for failing to vote and that allowed him to retain his voting rights and remain in the electoral process, he said.
Jarupong also said he did not understand the EC ruling, as he cited the case of Pheu Thai candidate Kokaew Pikhulthong, who was under remand during the 2010 by-election but was not penalised. Kokaew was defeated in the poll.
Pheu Thai MP Phiraphan Phalusuk said that at this juncture the EC was merely stating its legal opinions and that the case would be decided by the high court.
He said the lack of consensus in the EC decision was indicative of existing flaws and voiced concern about the authorities maliciously attempting to invoke the law as a pretext to undermine the Pheu Thai-led government.
Democrat MP Rames Rattana-chaweng said Jatuporn was trying to divert attention by raising conspiracy theories.
"The issue is simple and depends on the Constitution Court's ruling, but Jatuporn is dramatising this case by linking his fate to that of the government," he said.
Anti-corruption advocate Mongkolkitt Suksintharanont has submitted a petition at the Office of the House Speaker calling for Jatuporn to return his salary and benefits since he was disqualified.
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