page_title: 2013–2014 Thai political crisis
section_title: Ombudsman's request for election invalidation
hierarchical_section_title: 2013–2014 Thai political crisis / Timeline of the events / Ombudsman's request for election invalidation
caption_attribution_description: English: The fermer seat of the Constitutional Court of Thailand, located at Lord Rattanathibet's Mansion, No. 326, Thanon Chak Phet, Khwaeng Wang Buraphaphirom, Khet Phra Nakhon, Bangkok. ไทย: อาคารศาลรัฐธรรมนูญหลังเก่า ณ อาคารบ้านเจ้าพระยารัตนาธิเบศร์ เลขที่ 326 ถนนจักรเพชร แขวงวังบูรพาภิรมย์ เขตพระนคร กรุงเทพมหานคร
context_page_description: The 2013–2014 Thai political crisis was a period of political instability in Thailand. Anti-government protests took place between November 2013 and May 2014, organised by the People's Democratic Reform Committee, a political pressure group led by former Democrat Party parliamentary representative Suthep Thaugsuban. The crisis eventually resulted in the removal of incumbent Prime Minister Yingluck Shinawatra, a coup d'état, and the establishment of a military junta.
  The primary aim of the protests was removing the influence of former prime minister Thaksin Shinawatra, the brother of Yingluck, on Thai politics and the creation of an unelected "people's council" to oversee reforms of the political system. Protesters viewed Thaksin as corrupt and damaging to Thailand's democracy, although he enjoyed strong support in many areas of Thailand, particularly the poorer north and northeast, due to his reforming social programs and economic policies. Political parties allied to Thaksin had won a majority in every election since 2001.
context_section_description: The ombudsman also sought to have the general election of 2 February 2014 invalidated following advice from Thammasat University journalism law lecturer Kittipong Kamolthammawong. The ombudsman's authority concerns constitutionality of law, rather than election-related matters. In light of the limitation of his authority, the ombudsman then filed a request on 6 March 2014 for the Constitutional Court to decide if the royal decree, whereby the House of Representatives was dissolved, was unconstitutional.
  On 21 March 2014, the Constitutional Court, by six votes to three, ruled that the royal decree was contrary to the constitution—insofar as it affected the election—when the general election, scheduled for 2 February 2014, could not be completed on that day throughout Thailand. The constitution stipulates that only a royal decree can dissolve the House of Representatives and it must also order a general election to be held on the same day nationwide, within 45 days of the dissolution. According to the court, at the point that the royal decree was deemed unconstitutional, the election also became unconstitutional as a consequence.
  The Constitutional Court decision received heavy criticism from academic sectors and the Pheu Thai Party. Thammasat University public law lecturer Piyabutr Saengkanokkul commented that nothing in the royal decree was contrary to the constitution, as it did not fail to comply with the requirements of the constitution mentioned by the court. Chulalongkorn University constitutional law lecturer Kanin Boonsuwan questioned the logic of the decision, because the activity that the constitution required of the decree could not be completed due to hindrance from the anti-government protesters. Chulalongkorn University political science lecturer Pornson Liengboonlertchai added that a law is deemed unconstitutional when its contents are contrary to the constitution, not when it is prevented from being implemented according to the constitution. Legal scholar Verapat Pariyawong noted that the court invalidated the election because it was not completed within one day, but the court refrained from considering why it could not be completed.
  Political analyst Kan Yuenyong said, "independent agencies are being quite obvious that they want to remove her [Yingluck] and her entire cabinet to create a power vacuum, claim that elections can't be held and then nominate a prime minister of their choice". Chiang Mai University law lecturer Somchai Preecha-silapakul said he was grieved by the decision and described it as a "constitutional coup". Former judge and former EC member Sodsri Sattayatham criticised the court for freezing the country and encouraged people to vote in the new election to "bring back democracy".
  The Pheu Thai Party lamented the decision, stating that the country had lost an opportunity to move on and that the court had established an "infamous standard" by which an entire election can be overturned because of disruptions at some polling stations. Opposition MP Chuwit Kamolvisit issued a similar statement: "[The court has set] a standard that if you want to overturn an election, you just find someones to block a few polling stations....Just do this and you can make the whole election void."
  On 21 March, a group of students using the slogan "Respect My Future" gathered at the Democracy Monument and covered it with black cloth to mourn for democracy. Another group launched a campaign called "Respect My Vote" in front of Lord Rattanathibet's Mansion, the Constitutional Court's former seat, with a view to demanding the resignation of the Constitutional Court judges on the grounds that they "devalued the people's votes". Ceremonies were held in Benchasiri Park, Bangkok, featuring floating black balloons and black candles, to bid farewell to democracy and deplore the court. Pheu Thai Party members said they would dress in black for six days in mourning for the six judges who resolved to invalidate the election, while medical officers in Chiang Mai Province also donned black clothing.
  The Democrat Party's Ong
caption: Former seat of the Constitutional Court at Lord Rattanathibet's Mansion on Phahurat Road.
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