Bangkok: "Saeng" explains that prosecuting collusion in the Senate requires all three conditions of Article 226 of the Constitution to be met. Mr. Saeng Boonmee, Secretary-General of the Election Commission (EC), provided clarity on the demands from opposition parties and civil society groups for the EC to file a petition with the Supreme Court. These demands are aimed at prosecuting 229 individuals accused of committing offenses in the Senate election, supported by credible evidence of violations under Article 226 of the Constitution.

According to Thai News Agency, Mr. Saeng elaborated on the three essential conditions that must be satisfied for the EC to move forward with a petition to the Supreme Court. First, the fraudulent act must involve the candidate directly, either through their own actions or through awareness of misconduct by others. If a candidate neither committed nor was aware of fraudulent activities, the applicability of Section 226 remains contingent on the evidence presented.

The second condition addresses various forms of electoral fraud, including but not limited to hiring individuals to run for office, engaging in collusion, vote-buying, or offering incentives to sway voter choice. Any such acts must be substantiated with credible evidence.

Finally, the third condition requires proof that the election process was compromised and not conducted in an honest and fair manner. If these three elements are established, the Election Commission is obligated to refer the case to the Supreme Court, as mandated by Section 226 of the Constitution.

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