"The Election Commission has based its majority decision on the charter's Article 265 to disqualify 16 senators for violating the ban on equity rules, EC member Prapun Naigowit said on Friday.
"Article 265 directly prescribes the ban for MPs and senators from holding equity stakes linked to state concessions before and after assuming office," he said in reference to the Thursday's ruling.Prapun said the majority made a strict legal interpretation of the ban while the dissenting opinion ruled for an acquittal on the ground that equity stakes in question did not constitute the controlling interest."
http://www.nationmultimedia.com/breakingne...ution-to-justif
0
Ec disqualifies 16 senators under Article 256
Started by Kirkland, Jun 19 2009 07:07 PM
5 replies to this topic
#2
-
- Members
-
- 496 posts
Veteran
Posted 19 June 2009 - 10:34 PM
It's not just Senators who may get bounced from office:
"The government will wait for the completion of the judicial review if 28 ministers and MPs, including Deputy Prime Minister Suthep Thuagsuban, are to be disqualified for violating equity rules next week, Prime Minister Abhisit Vejjajiva said on Friday.
"I myself have no equity stakes in any companies but individual ministers have the discretion to hold shares and might have erred without wrongful intent," he said. Abhisit made his remarks ahead of next week's ruling by the Election Commission.
The EC ruled on Thursday to disqualify 16 senators for violating the ban for having equity stakes in enterprises granted with state concessions. Its ruling will have to be endorsed by the Supreme Court before taking effect.
It is scheduled to issue a similar ruling on ministers and MPs.Abhisit said his government would abide by the outcome of the judicial review although it would not remove any disqualified office holders based on the EC decision alone."
http://www.nationmultimedia.com/2009/06/19...cs_30105591.php
"The government will wait for the completion of the judicial review if 28 ministers and MPs, including Deputy Prime Minister Suthep Thuagsuban, are to be disqualified for violating equity rules next week, Prime Minister Abhisit Vejjajiva said on Friday.
"I myself have no equity stakes in any companies but individual ministers have the discretion to hold shares and might have erred without wrongful intent," he said. Abhisit made his remarks ahead of next week's ruling by the Election Commission.
The EC ruled on Thursday to disqualify 16 senators for violating the ban for having equity stakes in enterprises granted with state concessions. Its ruling will have to be endorsed by the Supreme Court before taking effect.
It is scheduled to issue a similar ruling on ministers and MPs.Abhisit said his government would abide by the outcome of the judicial review although it would not remove any disqualified office holders based on the EC decision alone."
http://www.nationmultimedia.com/2009/06/19...cs_30105591.php
#3
-
- Members
-
- 1,386 posts
Veteran
Posted 20 June 2009 - 09:54 AM
QUOTE
Prapun said the majority made a strict legal interpretation of the ban while the dissenting opinion ruled for an acquittal on the ground that equity stakes in question did not constitute the controlling interest."
The majority simply interpreted the plain meaning of the Constitution, which was obviously intended to prevent MP's from voting on matters where their stock ownership presents a conflict of interest. It's what they convicted Thaksin of, in case they've forgotten.To suggest that the Constitution means having a "controlling interest" is ridiculous. It's nice to see that the junta's Constitution is coming back to haunt some of the very people who pushed for its adoption.
#4
-
- Members
-
- 3,744 posts
Veteran
Posted 22 June 2009 - 05:24 PM
This could get a lot more messy if the junta's left-over EC is serious about pressing this issue in the House, to wit:
"The Election Commission will this week examine the shareholdings of 89 MPs in companies believed to have monopolistic-like concessions from the state or to be doing business with the state, to see if they are in breach Article 265 of the constitution.
Election commissioner Sodsri Sattayatham said on Monday the results of the examination would likely be forwarded to the Constitution Court this week. The EC would use the same criteria for the 89 MPs as were applied with the 16 senators found last week to be in breach of the constitution over shareholdings. Their cases are already with the Constitution Court.
Members of parliament found guilty of wrongfully holding shares in companies doing business with the state stand to lose their seats.The court's decision could have a major impact on the government. The MPs under investigation comprise members of the goverment coalition and opposition parties, including cabinet ministers."
http://www.bangkokpost.com/breakingnews/14...hares-this-week
If 89 MP's lose their seats, there will be great pressure to call for general elections for a totally new Parliament.
"The Election Commission will this week examine the shareholdings of 89 MPs in companies believed to have monopolistic-like concessions from the state or to be doing business with the state, to see if they are in breach Article 265 of the constitution.
Election commissioner Sodsri Sattayatham said on Monday the results of the examination would likely be forwarded to the Constitution Court this week. The EC would use the same criteria for the 89 MPs as were applied with the 16 senators found last week to be in breach of the constitution over shareholdings. Their cases are already with the Constitution Court.
Members of parliament found guilty of wrongfully holding shares in companies doing business with the state stand to lose their seats.The court's decision could have a major impact on the government. The MPs under investigation comprise members of the goverment coalition and opposition parties, including cabinet ministers."
http://www.bangkokpost.com/breakingnews/14...hares-this-week
If 89 MP's lose their seats, there will be great pressure to call for general elections for a totally new Parliament.
#5
-
- Members
-
- 1,274 posts
Veteran
Posted 23 June 2009 - 07:47 AM
QUOTE(Gene @ Jun 19 2009, 10:54 PM) 
It's what they convicted Thaksin of, in case they've forgotten.
Not really. His wife bought the Bangkok land at a public auction put on by a government department and they convicted Shinawatra of violating a provision that prohibited family members from contracting/dealing with departments over which he had control (which technically he didn't but that's another story and didn't really matter because they were going to get him for something). Yet, still essentially a conflict-of-interest issue.
What they probably should have nailed him with was his pushing through the governmental loan to Burma - which Burma used to buy telecommunications equipment from Shin Corporation (which Shinawatra and his family owned and which he surely had already worked out with the Burmese prior to the loan being granted).
But corruption is endemic throughout the governmental food chain, from the cops to the top and that's the way it's always been.
#6
-
- Members
-
- 2,980 posts
Veteran
Posted 24 June 2009 - 10:34 AM
"Prime Minister Abhisit Vejjajiva yesterday assigned the Council of State to review the constitutional ban on Cabinet members voting in the House because of a possible conflict of interest, a source said.Concern has been mounting that many coalition MPs could face legal problems involving their shareholdings.
During the weekly Cabinet meeting, Abhisit instructed the government's legal advisory arm to study Article 177, the source said. The clause prohibits Cabinet members who are MPs from voting in the House on "a matter connected with the holding of office, the performance of duties or the possession of any interest in such matter".
The Election Commission last week resolved to ask the Constitution Court to disqualify 16 senators for owning shares in media businesses or companies with state concessions.More than 70 MPs are suspected of violating the asset rules in the same way as the senators. As many of them are coalition MPs, Abhisit is worried about the coalition's slim majority, the source said.
The EC postponed for 15 days its deliberation on the cases involving 44 MPs, including six Cabinet members, secretary-general Suthiphon Thaveechaiyagarn said. It also decided to give to its committee investigating 28 MPs from the ruling Democrat Party in a separate case of violating shareholding rules more time to gather information before completing its probe, he said.
The panel has asked for information from 306 companies with shares held by those MPs and 234 of them have responded, he said, adding that the MPs would also be allowed more time to explain their investments.
Suthiphon dismissed allegations that the EC had an ulterior motive, saying the EC had been petitioned to probe the MPs and that it did not initiate the investigation by itself. Of the 44 MPs, 23 are from the Pheu Thai Party, eight from Puea Pandin, three each from Chart Thai Pattana, Pracharaj and Bhum Jai Thai, two from Ruam Jai Thai Chart Pattana, and one each from the Democrat and Social Action parties. "
http://www.nationmultimedia.com/2009/06/24...cs_30105909.php
During the weekly Cabinet meeting, Abhisit instructed the government's legal advisory arm to study Article 177, the source said. The clause prohibits Cabinet members who are MPs from voting in the House on "a matter connected with the holding of office, the performance of duties or the possession of any interest in such matter".
The Election Commission last week resolved to ask the Constitution Court to disqualify 16 senators for owning shares in media businesses or companies with state concessions.More than 70 MPs are suspected of violating the asset rules in the same way as the senators. As many of them are coalition MPs, Abhisit is worried about the coalition's slim majority, the source said.
The EC postponed for 15 days its deliberation on the cases involving 44 MPs, including six Cabinet members, secretary-general Suthiphon Thaveechaiyagarn said. It also decided to give to its committee investigating 28 MPs from the ruling Democrat Party in a separate case of violating shareholding rules more time to gather information before completing its probe, he said.
The panel has asked for information from 306 companies with shares held by those MPs and 234 of them have responded, he said, adding that the MPs would also be allowed more time to explain their investments.
Suthiphon dismissed allegations that the EC had an ulterior motive, saying the EC had been petitioned to probe the MPs and that it did not initiate the investigation by itself. Of the 44 MPs, 23 are from the Pheu Thai Party, eight from Puea Pandin, three each from Chart Thai Pattana, Pracharaj and Bhum Jai Thai, two from Ruam Jai Thai Chart Pattana, and one each from the Democrat and Social Action parties. "
http://www.nationmultimedia.com/2009/06/24...cs_30105909.php
