Abstract:
This thesis purposed to study the problems relating the facts and the law about postponement of elections in Thailand. The discussed problems in this thesis were that the postponement of election at a specific polling station or in a specific polling district and the deferral of general elections of Representatives can be done or not and the authority of this action must be accountable by which organization. More cases discussed in this paper were including the analysis on the Constitutional Court Ruling about Thai general elections postponement and the examination of other countries, which are Nigeria, Maldives, United States of America, Myanmar, and Bangladesh, elections postponement cases compared as guiding principle to development in constitutional amendment including relevant laws amendment to be more clarity subsequently. The study found that Thailand has the law that allows to postpone the day of election at a specific polling station or in a specific polling district according to section 78 of Organic Act on the Election of Members of the House of Representatives and the Installation of Senators, B.E. 2550 (2008), but there were no law to support the postponement of general elections in all country, or to mandate any organ the accountability to do so. However, it was until the Constitutional Court had ruled the Decision No. 2/2557 by majority votes that the date of a general election determined by the Royal Decree Dissolving the House of Representatives could be rescheduled and the redetermination of the date of a general election of Representatives was the joint authority and accountability of the Prime Minister and Chairman of the Election Commission of Thailand. In order to reschedule the date of a general election, the Amendment of Redetermination of the Date of Elections of Representatives to be General Election Royal Decree must be enacted. Furthermore, in other countries such Nigeria, Maldives, and Myanmar also have possessed the law supporting the elections postponement as well. The suggestion of this thesis is to legislate the law about rescheduling the election date, including the postponement at a specific polling station or in a specific polling district and the deferral of general elections, to be clearly stated in the Constitution of the Kingdom of Thailand. To provide, clarity and flexibility in practice when the unavoidable events, such as riots, fire, flood or other nature disasters, force majeure or any other unavoidable necessity, has occurred causing the polling day postponement at a polling station and the rescheduling event will not against the law that the day of general election in kingdom is not the same day. Moreover, this law will let the redetermination of the date of a general election to be in accordance with the Constitutional Court Ruling about Thai general elections postponement.