The Constitutional Court ruled 7-2 that it was the EC’s responsibility to determine MPs party-list calculation, after endorsing the constituency results.
“The petition was filed (by EC) when it has yet to exercise its authority (to calculate party-list MPs) under the constitution and organic law.... The problem related to its duty has yet to occur. Therefore, the petition is irrelevant,” it said in a statement.
The court’s decision seen as a setback for the EC as it has to resolve the seat-calculation.
Earlier this month, the EC filed the case to court over the party-list calculation after days of debate.
Meanwhile, EC Deputy Secretary-General Sawaeng Boonmee said a by-election would be held in Chiang Mai after the winning candidate from Phue Thai was found to have violated election laws in the March 24 General Election.
He said Pheu Thai’s Suraphol Kietchaiyakorn was found guilty of giving money to the monk of Wat Phra That Doi Chao.
He said Suraphol who won the election on March 24 with a comfortable margin of 52,165 votes, would not contest in the upcoming by-election.
“He (Suraphol) will be banned from politics for one year,” he said.
Sawaeng said the EC would propose a new date for the by-election. Suraphol was the first successful candidate to be stripped of his seat.
Local media reported that Suraphol admitted he gave 2,000 baht in cash and a clock to Phra Khruba Sam of Wat Phra That Doi Chao at the temple on Feb 14, the day election laws took effect. However, he denied the gifts were aimed at canvassing votes.
Suraphol won 52,165 votes, Palang Pracharath Party’s Naret Thamrongthippayakul came in second with 39,221 votes, while Future Forward Party’s Srinual Boonlue secured 29,556 votes.