Election Case Division

Background and cases under the Jurisdiction of The Tax Division of the Supreme Court

The Election Case Division of the Supreme Court was established by the Constitution of the Kingdom of Thailand, B.E. 2540 (1997) which specifies that members of the House of Representatives and Senators shall be elected by the people. Section 34 and Section 34/1 of the Organic Act on Elections of Members of the House of Representatives and Senators, B.E. 2541 (1998), stipulates that the Supreme Court shall have the authority to consider and make a decision regarding the eligibility to apply for candidacy in the election, qualifications and prohibitions of election candidates of the House of Representatives and the Senates. In addition, in 2000, the President of the Supreme Court, with the approval of the Supreme Court's General Meeting, had issued regulations regarding consideration and adjudication of election cases. A working group, the Preparatory Committee on Election Cases for Members of the House of Representatives, was established to support cases under supervision of the Supreme Court. The working group has set up a temporary center called the Election Case Operations Center to make assistance of such election-related, cases. Nonetheless, Thai coup d'état took place on September 19, 2006. As a result, the Constitution of the Kingdom of Thailand, B.E. 2540 (1997) was repealed and replaced by the Constitution of the Kingdom of Thailand, B.E. 2550 (2007). In this regard, Section 219, paragraph three of the amended Constitution stipulates that the Supreme Court has the power to try and adjudicate the election related cases and suspension of the right to vote at an election of members of the House of Representatives and acquisition of senators. In 2007, the President of the Supreme Court, with the approval of the general meeting, stipulated regulations regarding the consideration and decision on the eligibility to apply for candidacy in the election, qualifications and prohibitions of election candidates of the House of Representatives and the Senates and regulations regarding the procedures for considering and deciding cases related to elections and the revocation of the right to elect members of the House of Representatives and the Senate. After the election of members of the House of Representatives on December 23, 2007 and the election of senators on March 2, 2008, cases requesting new elections and revocation of the eligibilities to apply for candidacy in the election for members of the House of Representatives has continuously come to the Supreme Court.

On July 24, 2008, there was an announcement from Office of the Judicial Administration Commission, concerning the establishment of an election case division in the Supreme Court effective from October 1, 2008 onwards. The Election Case Division of the Supreme Court has existed since then until at the present.

After the coup in 2014, the Constitution of the Kingdom of Thailand B.E. 2007 was revoked. As a result, no election for members of the House of Representatives and senators was taken place. Until the Constitution of the Kingdom of Thailand, B.E. 2560 (2017), the Organic Act on the Acquisition of Senators, B.E. 2561 (2018), and the Organic Act on the Election of Members of the House of Representatives, B.E. 2561 (2018) were promulgated, selection of the Senates and elections of members of the House of Representatives were held at the end of 2018, March 2019 and May 2023 respectively.

Jurisdiction of the Election Case Division.

Election Case Division of the Supreme Court has the authority to consider and adjudicate cases regarding the election of members of the House of Representatives and selection of the Senates as follows:

Cases regarding the election of members of the House of Representatives:

(1) Case requesting for including or adding a person’s name as a candidate;
(2) Case regarding appeal against the decision to delete name of a candidate from the roll of voters of the Election Commission of Thailand;
(3) Case requesting to delete name of candidate from the roll of voters;
(4) Case requesting for a new round election due to dishonest or unfair election.
(5) Case requesting for the revocation of the right to apply for election or the right to vote due to election fraud.

Cases regarding the selection of senators:

(1) Case requesting for including or adding a person’s name as a candidate;
(2) Case opposing the selection process of the Election Commission of Thailand;
(3) Case regarding the revocation of the eligibility to apply for candidacy due to lack of qualifications or possess prohibited characteristics;
(4) Case regarding the revocation of the eligibility to apply for candidacy of senators account
(5) Case requesting for revocation of the right to apply for candidacy due to dishonest or unfair selection;
(6) Case requesting for revocation of the right to apply for candidacy or the right to vote due to fraudulent of selection