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CHAPTER VI
The National Assembly
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Part 1
General Provisions
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Section 90. The National Assembly consists of the House of
Representatives and the Senate.
Joint or separate sittings of the National Assembly shall be in
accordance with the provisions of this Constitution.
Section 91. The President of the House of Representatives is
President of the National Assembly. The President of the Senate is Vice-
President of the National Assembly.
In the case where there is no President of the House of
Representatives, or the President of the House of Representatives is not present
or is unable to perform his or her duties, the President of the Senate shall act as
President of the National Assembly in his or her place.
The President of the National Assembly shall have the powers and
duties as provided in this Constitution and shall conduct the proceedings of the
National Assembly at joint sittings in accordance with the rules of procedure.
The President of the National Assembly and the person who acts as
President of the National Assembly in his or her place shall be impartial in the
performance of duties.
The Vice-President of the National Assembly shall have the
powers and duties as provided in this Constitution and as entrusted by the
President of the National Assembly.
Section 92.
A bill or an organic law bill may be enacted as law
only by and with the advice and consent of the National Assembly.
Section 93. After a bill or an organic law bill has already been
approved by the National Assembly, the Prime Minister shall present it to the
King for signature within twenty days as from the date of the receipt of such bill
from the National Assembly, and it shall come into force upon its publication in
the Government Gazette.
Section 94.
If the King refuses His assent to a bill or an organic
law bill and either returns it to the National Assembly or does not return it within
ninety days, the National Assembly must re-deliberate such bill. If the National
Assembly resolves to reaffirm the bill with the votes of not less than two-thirds
of the total number of existing members of both Houses, the Prime Minister shall
present such bill to the King for signature once again. If the King does not sign
and return the bill within thirty days, the Prime Minister shall cause the bill to be
promulgated as an Act in the Government Gazette as if the King had signed it .
Section 95.
No person shall be a member of the House
Representatives or a senator simultaneously.
Section 96.
Members of the House of Representatives or senators
of not less than one-tenth of the total number of the existing members of each
House have the right to lodge with the President of the House of which they are
members a complaint asserting that the membership of any member of such
House has terminated under section 118 (3), (4), (5), (6), (7), (8), (9), (11), or
(12) or section 133 (3), (4), (5), (6), (7), (9), or (10), as the case may be, and the
President of the House with whom the complaint is lodged shall refer it to the
Constitutional Court for decision as to whether the membership of such person
has terminated.
When the Constitutional Court has made a decision, it shall notify
the President of the House with which the complaint is lodged under paragraph
one of such decision.
Section 97. The vacation of the office of a member of the House
of Representatives or a senator after the day on which his or her membership
terminates or the day on which the Constitutional Court decides that the
membership of any member terminates does not affect any act done by such
member in the capacity as member including the receipt of emolument or other
remuneration by such member before he or she vacates office or the President of
the House of which such person is a member has been notified of the decision of
the Constitutional Court, as the case may be, except that in the case of vacation
of office on the ground of his or her being elected in violation of the organic law
on the election of members of the House of Representatives and senators,
emolument and other remuneration received from being in office shall be
returned.
Part 2
The House of Representatives
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Section 98.
The House of Representatives consists of five
hundred members, one hundred of whom are from the election on a party-list
basis under section 99 and four hundred of whom are from the election on a
constituency basis under section 102.
In the case where the office of a member of the House of
Representatives becomes vacant for any reason and an election of a member of
the House of Representatives has not been held to fill the vacancy, the House of
Representatives shall consist of the existing members of the House.
Section 99. In an election of members of the House of
Representatives on a party-list basis, a voter shall have the right to cast ballot
from the lists of candidates prepared by political parties; provided that only one
party-list may be voted for and the territory of Thailand shall be regarded as the
whole constituency.
The party-lists of candidates in the election under paragraph one
shall be prepared by political parties. Each party shall prepare one list which
shall contain not more than one hundred persons and be submitted to the Election
Commission before the date an application for candidacy in an election on the
constituency basis commences.
Names of persons in the party-list under paragraph one shall:
(1) consist of the names of candidates from equitably various
regions;
(2) not be repeated by the names in the lists prepared by other
political parties and names of candidates in the election on the constituency basis
under section 102 and;
(3) be placed in numerical order.
Section 100. The list of any political party receiving votes of less
than five percent of the total number of votes throughout the country shall be
regarded as one for which no person listed therein is elected and such votes shall
not be reckoned in the determination of the proportional number of the members
of the House of Representatives under paragraph two.
The determination of the proportion of votes received by the party-
list of each political party according to which the persons whose names are listed
therein shall be regarded as being elected in that proportion shall be in
accordance with rules, procedure and conditions provided by the organic law on
the election of members of the House of Representatives and senators.
It shall be deemed that the candidates whose names are in the list
of each political party are elected in respective order of the allocated numbers in
the list in accordance with such proportional number of the members of the
House of Representatives as determined for that list.
Section 101. Subject to section 119(1), in the case where there
occurs, during the term of the House of Representatives, any cause resulting in
the members elected from the election on a party-list basis being less than one
hundred in number, such members shall consist of the existing members.
Section 102.
In the election of members of the House of
Representatives on a constituency basis, the person having the right to vote
shall cast ballot for one candidate in each constituency.
The determination of the ratio of the number of inhabitants to one
member shall be made by reference to the division of such number of inhabitants
throughout the country as evidenced in the census announced in the year
preceding the year of election by the number of four hundred members of the
House of Representatives.
The number of members of the House of Representatives of each
Changwat shall be determined by the division of the number of inhabitants in
that Changwat by such number of inhabitants per one member as determined
under paragraph two. Any Changwat with inhabitants below the number of
inhabitants per one member under paragraph two shall have one member of the
House of Representative. Any Changwat with more inhabitants than the number
of inhabitants per one member shall have an additional member of the House of
Representatives for every such number of inhabitants as representing the number
of inhabitants per one member.
Upon the number of members of the House of Representatives of
each Changwat being obtained under paragraph three, if the number of members
of the House of Representatives is still less than four hundred, any Changwat
with the largest fraction remaining from the determination under paragraph
three shall have an additional member of the House of Representatives and the
addition of the members of the House of Representatives in accordance with
such procedure shall be made to Changwats in respective order of fractions
remaining from the determination under paragraph three until the number of
four hundred is obtained.
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Section 103.
In a Changwat where the number of members of the
House of Representatives to be elected is not more than one, the area of that
Changwat shall be regarded as the constituency and in a Changwat where the
number of members of the House of Representatives is more than one, such
Changwat shall be divided into constituencies in the number equal to such
number of members of the House of Representatives as may be elected therein
and, for this purpose, each constituency shall have one member of the House of
Representatives.
In a Changwat which is divided into more constituencies than one,
the boundary of each constituency shall be adjoining and the number of
inhabitants in each constituency must be closely apportioned.
Section 104. In a general election, a voter shall have the right to
cast ballot for only one list of candidates prepared by the political party and, in
an election on a constituency basis, for one candidate in that constituency.
In an election of a member of the House of Representatives to
replace the member of the House of Representatives elected on a constituency
basis whose office becomes vacant under section 119(2), a voter shall have the
right to cast ballot for one candidate in that constituency.
The election shall be by direct suffrage and secret ballot.
In each constituency, the counting of votes from every polling
station altogether shall be conducted and the result of the vote-counting shall be a
nnounced publicly at any single place in that constituency as designated by the
Election Commission, except that in the case where necessity arises in a
particular locality, the Election Commission may provide otherwise in
accordance with the organic law on the election of members of the House of
Representatives and senators.
The provisions of paragraph four shall apply mutatis mutandis to
the counting and announcement of votes received by each party-list in each
constituency under section 103.
Section 105. A person having the following qualifications has the
right to vote at an election:
(1) being of Thai nationality; provided that a person who has
acquired Thai nationality by naturalisation must hold the Thai nationality for not
less than five years;
(2) being not less than eighteen years of age on 1st January of the
year of the election; and
(3) having his or her name appear on the house register in the
constituency for not less than ninety days up to the date of the election.
A voter who has a residence outside the constituency under section
103 within which his or her name appear in the house register, or who has his or
her name appear in the house register in the constituency for the period of less
than ninety days up to the date of the election, or who has a residence outside the
Kingdom of Thailand shall have the right to cast ballot in an election in
accordance with rules, procedure and conditions provided by the organic law on
the election of members of the House of Representatives and senators.
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Section 106.
A person under any of the following prohibitions on
the election day is disfranchised:
(1) being of unsound mind or of mental infirmity;
(2) being a Buddhist priest, novice, monk or clergy;
(3) being detained by a warrant of the Court or by a lawful order;
(4) being under suspension of the right to vote .
Section 107. A person having the following qualifications has the
right to be a candidate in an election of members of the House of
Representatives:
(1) being of Thai nationality by birth;
(2) being not less than twenty five years of age on the election day;
(3) having graduated with not lower than a Bachelor?s degree or its
equivalent except for the case of having been a member of the House of
Representatives or a senator before;
(4) being a member of any and only one political party, for a
consecutive period of not less than ninety days, up to the date of applying for
candidacy in an election;
(5) a candidate in an election on a constituency basis shall also
possess any of the following qualifications:
(a) having his or her name appear in the house register in
Changwat where he or she stands for election for a consecutive period of not less
than one year up to the date of applying for candidacy;
(b) having been a member of the House of Representatives
in Changwat where he or she stands for election, a member of a local assembly
or a local administrator of such Changwat before;
(c) being born in Changwat where he or she stands for
election;
(d) having studied in an education institution situated in
Changwat where he or she stands for election for a consecutive period of not less
than two academic years before;
(e) having served in the official service before or having had
his or her name appear in the house register in Changwat where he or she stands
for election for a consecutive period of not less than two years before.
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Section 108.
A political party sending member to stand for
election in any constituency shall send only one member in such constituency.
Section 109. A person under any of the following prohibitions
shall have no right to be a candidate in an election of members of the House of
Representatives:
(1) being addicted to drugs;
(2) being an undischarged bankrupt;
(3) being disfranchised under section 106(1), (2) or (4);
(4) having been sentenced by a judgement to imprisonment and
being detained by a warrant of the Court;
(5) having been discharged for a period of less than five years on
the election day after being sentenced by a judgement to imprisonment for a term
of two years or more except for an offence committed through negligence;
(6) having been expelled, dismissed or removed from the official
service, a State agency or a State enterprise on the ground of dishonest
performance of duties or corruption;
(7) having been ordered by a judgement or an order of the Court
that his or her assets shall dissolve on the State on the ground of unusual
wealthiness or an unusual increase of his or her assets;
(8) being a Government official holding a permanent position or
receiving salary except a political official;
(9) being a member of a local assembly or a local administrator;
(10) being a senator;
(11) being an official or employee of a State agency, State
enterprise or local government organisation, or other State official;
(12) being an Election Commissioner, an Ombudsman, a member
of the National Human Right Commission, a judge of the Constitutional Court, a
judge of an Administrative Court, a member of the National Counter Corruption
Commission or a member of the State Audit Commission;
(13) being under the prohibition from holding a political position
under section 295;
(14) having been removed from office by the resolution of the
Senate under section 307; provided that, from the date of the resolution to the
election day, the period of five years has not elapsed.
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Section 110. A member of the House of Representatives shall
not:
(1) hold any position or have any duty in any State agency or State
enterprise, or hold a position of member of a local assembly, local administrator
or local government official except other political official other than Minister;
(2) receive any concession from the State, a State agency or State
enterprise, or become a party to a contract of the nature of economic monopoly
with the State, a State agency or State enterprise, or a become partner or
shareholder in a partnership or company receiving such concession or becoming
a party to the contract of that nature;
(3) receive any special money or benefit from any State agency or
State enterprise apart from that given by the State agency or State enterprise to
other persons in the ordinary course of business.
The provisions of this section shall not apply in the case where a
member of the House of Representatives receives military pensions, gratuities,
pensions, annuities or any other form of payment of the same nature, and shall
not apply in the case where a member of the House of Representatives accepts or
holds a position of committee member of the National Assembly, the House of
Representatives or the Senate, or committee member appointed as a qualified
member under the provisions of law or committee member appointed in the
course of the administration of the State affairs in case he or she holds a position
of other political official other than Minister.
Section 111. A member of the House of Representatives shall not,
through the status or position of member of the House of Representatives,
interfere or intervene in the recruitment, appointment, reshuffle, transfer,
promotion and elevation of the salary scale of a Government official holding a
permanent position or receiving salary and not being a political official, an
official or employee of a State agency, State enterprise or local government
organisation, or cause such persons to be removed from office.
Section 112.
Subject to the provisions of this Constitution, rules
and procedure for an election of members of the House of Representatives shall
be in accordance with the organic law on the election of members of the House
of Representatives and senators.
Section 113. In the interest of honesty and fairness of an election
of members of the House of Representatives, the State shall provide support for
the election in the following matters:
(1) preparing places for posting notices and posters relating to the
election in public places owned by the State;
(2) publishing and supplying to persons having the right to vote
documents relating to the election;
(3) providing places for election campaigns to candidates in the
election;
(4) allocating radio and television broadcasting time to political
parties;
(5) other activities specified by Notifications of the Election
Commission.
The activities under (1), (4) and (5) by candidates in the election,
political parties or other persons other than the State shall not be permitted.
Rules, conditions and procedure for carrying out the acts under this
section shall be in accordance with the organic law on the election of members of
the House of Representatives and senators, which shall afford equal
opportunities.
Section 114. The term of the House of Representatives is four
years from the election day.
Section 115. Upon the expiration of the term of the House of
Representatives, the King will issue a Royal Decree calling for a general election
of members of the House of Representatives in which the election day must be
fixed within forty five days as from the date of the expiration of the term of the
House of Representatives and the election day must be the same throughout the
Kingdom.
Section 116. The King has the prerogative to dissolve the House
of Representatives for a new election of members of the House.
The dissolution of the House of Representatives shall be made in
the form of a Royal Decree in which the day for a new general election must be
fixed within sixty days and such election day must be the same throughout
the Kingdom.
The dissolution of the House of Representatives may be made only
once under the same circumstance.
Section 117. Membership of the House of Representatives
commences on the election day .
Section 118.
Membership of the House of Representatives
terminates upon:
(1) expiration of the term or dissolution of the House of
Representatives;
(2) death;
(3) resignation;
(4) being disqualified under section 107;
(5) being under any prohibition provided in section 109(1), (2), (3),
(5), (6), (7), (8), (9), (10), (11), (12), (13) or (14);
(6) acting in contravention of any prohibition under section 110 or
section 111;
(7) being appointed Prime Minister or Minister;
(8) resignation from membership of his or her political party or his
or her political party passing a resolution, with the votes of not less than three-
fourths of the joint meeting of the Executive Committee of that political party
and members of the House of Representatives belonging to that political party,
terminating his or her membership of the political party. In such cases, his or her
membership shall be deemed to have terminated as from the date of the
resignation or the resolution of the political party except where such member of
the House of Representatives appeals to the Constitutional Court within thirty
days as from the date of the resolution of the political party for raising an
objection that such resolution is of such nature as specified in section 47
paragraph three. If the Constitutional Court decides that the said resolution is
not of the nature as specified in section 47 paragraph three, his or her
membership shall be deemed to have terminated as from the date of the decision
of the Constitutional Court. If the Constitutional Court decides that the said
resolution is of such nature as specified in section 47 paragraph three, that
member of the House of Representatives may become a member of another
political party within thirty days as from the date of the decision of the
Constitutional Court;
(9) loss of membership of the political party in the case where the
political party of which he or she is a member is dissolved by an order of the
Constitutional Court and he or she is unable to become a member of another
political party within sixty days as from the date on which the Constitutional
Court issues its order. In such case, his or her membership shall be deemed to
have terminated as from the day following the date on which such period of sixty
days has elapsed;
(10) the Senate passing a resolution under section 307 removing
him or her from office or the Constitutional Court having a decision terminating
his or her membership under section 96. In such case, his or her membership
shall be deemed to have terminated as from the date on which the Senate passes
a resolution or the Constitutional Court has a decision, as the case may be;
(11) having been absent for more than one-fourth of the number of
days in a session the length of which is not less than ninety days without
permission of the President of the House of Representatives;
(12) having been imprisoned by a final judgement to a term of
imprisonment except for an offence committed through negligence or a petty
offence.
The termination of membership of the House of Representatives
under (7) shall be effective as from the day following the date on which the
period of thirty days, from the date of the appointment by the Royal Command,
has elapsed.
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Section 119. When the office of member of the House of
Representatives becomes vacant for any reason other than the expiration of the
term or the dissolution of the House of Representatives, the following actions
shall be taken:
(1) in the case where the vacancy is that of the office of a member
of the House of Representatives listed in the list prepared by a political party
under section 99, the President of the House of Representatives shall, by
publication in the Government Gazette within seven days as from the date of the
vacancy, elevate the person whose name in the list of that political party is placed
in the next order to be a replacing member of the House of Representatives;
(2) in the case where the vacancy is that of the office of a member
of the House of Representatives elected from the election on a constituency basis
under section 102, an election of a member of the House of Representatives to
fill the vacancy shall be held within forty five days as from the date of the
vacancy unless the remainder of the term of the House of Representatives is less
than one hundred and eighty days.
Membership of the replacing member of the House of
Representatives under (1) shall commence as from the day following the date of
the publication of the name of the replacing member, while membership of the
replacing member of the House of Representatives under (2) shall commence as
from the day on which the election to fill the vacancy is held. The replacing
member of the House of Representatives may serve only for the remainder of the
term of the House.
Section 120. After the Council of Ministers has assumed the
administration of the State affairs, the King will appoint as Leader of the
Opposition in the House of Representatives a member of the House who is the
leader of the political party having its members holding no ministerial positions
and having the largest number of members among the political parties having
their members holding no ministerial positions, provided that such number must
not be less than one-fifth of the total number of members of the House of
Representatives at the time of the appointment.
In the case where no political party in the House of Representatives
meets the condition as prescribed under paragraph one, the leader of the political
party, who receives a majority of supporting votes from the members of the
House who belong to the political parties having their members holding no
ministerial positions, shall be the Leader of the Opposition in the House. In case
of an equality of supporting votes, it shall be decided by lot.
The President of the House of Representatives shall countersign
the Royal Command appointing the Leader of the Opposition in the House of
Representatives.
The Leader of the Opposition in the House of Representatives shall
vacate office upon being disqualified as specified in paragraph one or paragraph
two, and section 152 shall apply mutatis mutandis, and in such case, the King
will appoint a new Leader of the Opposition in the House of Representatives to
fill the vacancy.
Part 3
The Senate
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Section 121.
The Senate shall consist of two hundred members to
be elected by the people.
In the case where the office of the senator becomes vacant for any
reason whatsoever and an election of a senator to fill the vacancy has not yet
been held, the Senate shall consist of the remaining senators.
Section 122.
In an election of senators, the area of Changwat shall
be regarded as one constituency.
The number of senators each Changwat can have shall be
determined in accordance with the procedure provided in section 102 paragraph
two, paragraph three and paragraph four mutatis mutandis.
Section 123.
The person having the right to vote at an election of
senators may cast ballot, at the election, for one candidate in that constituency.
The election shall be by direct suffrage and secret ballot.
In the case where a Changwat can have more than one senator, the
candidates who receive the highest number of votes in respective order in the
number of senators that Changwat can have shall be elected as senators .
Section 124.
The provisions of section 105 and section 106 shall
apply mutatis mutandis to the qualifications and prohibitions to which a person
having the right to be a candidate in an election of senators shall be subjected.
Section 125.
A person having the following qualifications has the
right to be a candidate in an election of senators:
(1) being of Thai nationality by birth;
(2) being of not less than forty years of age on the election day;
(3) having graduated with not lower than a Bachelor's degree or its
equivalent;
(4) having any of the qualifications under section 107(5).
Section 126.
A person under any of the following qualifications
shall have no right to be a candidate in an election of senators:
(1) being a member of or holder of other position of a political
party;
(2) being a member of the House of Representatives or having
been a member of the House of Representatives and his or her membership has
terminated for not yet more than one year up to the date of applying for the
candidacy;
(3) being or having been a senator in accordance with the
provisions of this Constitution during the term of the Senate preceding the
application for the candidacy;
(4) being disfranchised under section 109(1), (2), (3), (4), (5), (6),
(7), (8), (9), (11), (12), (13) or (14).
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Section 127.
A senator shall not be a Minister or other political
official.
The person having held office of senator with membership having
terminated for not more than one year, shall not be a Minister or other political
official unless the membership has terminated under section 133(1).
Section 128.
The provisions of section 110 and section 111 shall
also apply mutatis mutandis to the prohibitions to which a senator shall be
subjected.
Section 129.
Subject to the provisions of this Constitution, rules
and procedure for an election of senators shall be in accordance with the organic
law on the election of members of the House of Representatives and senators.
For the purpose of equal introduction of candidates in the election,
the State shall carry out the following acts:
(1) causing notices and posters relating to the election and
candidates in the election to be posted;
(2) publishing and furnishing to persons having the right to vote
documents relating to the election and candidates in the election;
(3) providing places and allocating radio and television
broadcasting time for introducing candidates in the election;
(4) carrying out other acts as prescribed by the Election
Commission.
Rules and procedure for carrying out the acts under paragraph two
shall be in accordance with the organic law on the election of members of the
House of Representatives and senators.
The introduction of candidates by themselves or other persons is
permitted only insofar as provided in the organic law on the election of members
of the House of Representatives and senators.
Section 130.
The term of the Senate is six years as from the
election day.
Section 131.
Upon expiration of the term of the Senate, the King
will issue a Royal Decree calling for a new general election of senators in which
the election day must be fixed within thirty days as from the date of the
expiration of the term of the Senate and the election day must be the same
throughout the Kingdom.
For the purpose of proceeding under section 168, the senators
holding office on the day on which the term of the Senate terminates under
paragraph one shall continue to perform their duties until newly elected senators
assume their duties.
Section 132.
Membership of the Senate commences on the election
day.
Section 133.
Membership of the Senate terminates upon:
(1) expiration of the term of the Senate;
(2) death;
(3) resignation;
(4) being disqualified under section 125;
(5) being under any of the prohibitions under section 126;
(6) being under any of the prohibitions under section 127;
(7) acting in contravention of any of the prohibitions under section
128;
(8) the Senate passing a resolution under section 307 removing him
or her from office or the Constitutional Court having a decision terminating his
or her membership under section 96; in such case, his or her membership shall be
deemed to have terminated as from the date of the resolution of the Senate or the
decision of the Constitutional Court, as the case may be;
(9) having been absent for more than one-fourth of the number of
days in a session the length of which is not less than one hundred and twenty
days without permission of the President of the Senate;
(10) having been imprisoned by a final judgment to a term of
imprisonment except for an offence committed through negligence or a petty
offence.
Section 134. When the office of senator becomes vacant for any
reason other than the expiration of term of the Senate, an election of a senator
to fill the vacancy shall be held within forty five days as from the date of the
vacancy unless the remainder of the term of the Senate is less than one hundred
and eighty days.The replacing senator may serve only for the remainder of the term
of the Senate.
Section 135.
In considering the selection, appointment,
recommendation or approval of a person to hold any position under section 138,
section 143, section 196, section 199, section 257, section 261, section 274(3),
section 277, section 278, section 279(3), section 297, section 302 and section
312, the Senate shall appoint a committee for examining past records and
behaviours of the person nominated for holding such position as well as
gathering necessary facts and evidence to be reported to the Senate for its further
consideration.
The proceeding by the committee under paragraph one shall be in
accordance with the Rules of Procedure of the Senate.
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Part 4
Election Commission
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Section 136.
The Election Commission consists of a Chairman and
other four Commissioners appointed, by the King with the advice of the Senate,
from persons of apparent political impartiality and integrity.
The President of the Senate shall countersign the Royal Command
appointing the Chairman and Commissioners under paragraph one.
Section 137.
An Election Commissioner shall have the
qualifications and shall not be under any prohibition as follows:
(1) being of Thai nationality by birth;
(2) being of not less than forty years of age on the nomination day;
(3) having graduated with not lower than a Bachelor's degree or its
equivalent;
(4) not being under any of the prohibitions under section 106 or
section 109 (1), (2), (4), (5), (6), (7), (13) or (14);
(5) not being a member of the House of Representatives or the
Senate, a political official, a member of a local assembly or a local administrator;
(6) not being or having been a member of or holder of other
position in a political party throughout the period of five years preceding the
holding of office;
(7) not being an Ombudsman, a member of the National Human
Right Commission, a judge of the Constitutional Court, a judge of the
Administrative Court, a member of the National Counter Corruption
Commission or a member of the State Audit Commission.
Section 138.
The selection and election of Chairman and Election
Commissioners shall be proceeded as follows:
(1) there shall be a Selective Committee of ten members consisting
of the President of the Constitutional Court as Chairman, President of the
Supreme Administrative Court, Rectors of all State higher education institutions
which are juristic persons, being elected among themselves to be four in number,
and representatives of all political parties having a member who is a member of
the House of Representatives, provided that each party shall have one
representative and all such representatives shall elect among themselves to be
four in number, to be in charge of the consideration and selection of five persons,
who have the qualifications under section 137 and who are suitable to be
Election Commissioners, for making nomination to the President of the Senate
upon consent of the nominated persons. The resolution making such nomination
must be passed by votes of not less than three-fourths of the number of all
existing members of the Selective Committee;
(2) the Supreme Court of Justice shall, at its general meeting,
consider and select five persons who are suitable to be Election Commissioners
for making nomination to the President of the Senate upon consent of the
nominated persons;
(3) the nominations under (1) and (2) shall be made within thirty
days as from the date when a ground for the selection of persons to be in such
office occurs. In the case where the Selective Committee under (1) is unable to
make nomination, or unable to make nomination in the complete number, within
the prescribed time, the Supreme Court of Justice shall, at its general meeting,
make nomination to obtain the complete number within fifteen days as from the
date of the expiration of the nomination time under (1);
(4) the President of the Senate shall convoke the Senate for
passing, by secret ballot, a resolution electing the nominated persons under (1),
(2) and (3). For this purpose, the first five persons who receive the highest votes
which are more than one half of the total number of the existing senators shall be
elected as Election Commissioners, but if the number of the said elected persons
is less than five, the name-list of those not elected in that first occasion shall be
submitted to the senators for voting on another occasion and consecutively. In
such case, the persons receiving the highest number of votes in respective order
up to five shall be deemed to be elected as Election Commissioner. On this
occasion, if there are persons receiving equal votes in any order which result in
having more than five elected persons, the President of the Senate shall draw lots
to determine who are elected persons;
(5) the elected persons under (4) shall meet and elect among
themselves Chairman of the Election Commission and, then, notify the President
of the Senate of the result. The President of the Senate shall report to the King
for further appointment.
Section 139.
An Election Commissioner shall not:
(1) be a Government official holding a permanent position or
receiving salary;
(2) be an official or employee of a State agency, State enterprise or
local government organisation;
(3) hold any position in a partnership, a company or an
organisation carrying out businesses for sharing profits or incomes, or be an
employee of any person;
(4) engage in any other independent profession.
In the case where the Senate has elected a person in (1), (2), (3)
or (4) with the consent of that person, the elected person can commence the
performance of duties only when he or she has resigned from the position in (1),
(2), (3) or has satisfied that his or her engagement in such independent
profession has ceased to exist. This must be done within fifteen days as from the
date of election. If that person has not resigned or ceased to engage in the
independent profession within the specified time, it shall be deemed that that
person has never been elected to be an Election Commissioner and the provisions
of section 138 shall apply mutatis mutandis.
Section 140.
Election Commissioners shall hold office for a term
of seven years as from the date of their appointment by the King and shall serve
for only one term.
The Election Commissioners who vacate office upon the expiration
of the term shall remain in office to continue to perform their duties until the
newly appointed Election Commissioners take office.
Section 141.
In addition to the vacation of office upon the
termination of the term, an Election Commissioner vacates office upon:
(1) death;
(2) resignation;
(3) being disqualified or being under any of the prohibitions under
section 137 or section 139;
(4) having been imprisoned by a final judgment to a term of
imprisonment except for an offence committed through negligence or a petty
offence;
(5) the Senate passing a resolution under section 307 removing him
or her from office.
When a case under paragraph one occurs, the remaining Election
Commissioners may continue to perform their duties.
Section 142.
Members of the House of Representatives, senators,
or members of both Houses of not less than one-tenth of the total number of the
existing members of the two Houses have the right to lodge with the President of
the National Assembly a complaint that any Election Commissioner is
disqualified or is under any of the prohibitions under section 137 or has acted in
contravention of any of the prohibitions under section 139 and the President shall
refer that complaint to the Constitutional Court for its decision as to whether that
Election Commissioner has vacated his or her office.
When the Constitutional Court has passed a decision, it shall notify
the President of the National Assembly and the Chairman of the Election
Commission of such decision.
The provisions of section 97 shall also apply mutatis mutandis to
the vacation of office of Election Commissioners.
Section 143.
In the case where the Election Commissioners have
vacated office in toto, actions under section 138 shall be taken within forty five
days as from the date of the vacation.
In the case where Election Commissioners vacate office for any
reason other than the expiration of term, section 138 shall apply mutatis mutandis
to the selection and election of Election Commissioners to fill the vacancies. In
this case, persons, in the twice number of the outgoing persons, who are suitable
to be Election Commissioners shall be nominated to the Presidents of the Senate
for election by a resolution of the Senate; provided that this procedure shall be
completed within forty five days as from the date of the vacation, and the elected
persons shall serve only for the remainder of the term of the replaced
Commissioners.
Section 144.
The Election Commission shall control and hold, or
cause to be held, an election of members of the House of Representatives,
senators, members of a local assembly and local administrators including the
voting in a referendum for the purpose of rendering it to proceed in an honest
and fair manner. The Chairman of the Election Commission shall have the charge
and control of the execution of the organic law on the election of members of the
House of Representatives and senators, the organic law on political parties, the
organic law on the voting in a referendum and the law on the election of
members of local assemblies or local administrators and shall be the political-
party registrar.
Section 145.
The Election Commission shall have the following
powers and duties:
(1) to issue Notifications determining all activities necessary for
the execution of the laws referred to in section 144 paragraph two;
(2) to give orders instructing Government officials, officials or
employees of a State agency, State enterprise or local government organisation
or other State officials to perform all necessary acts under the laws referred to in
section 144 paragraph two;
(3) to conduct investigations and inquiries for fact-finding and
decision on arising problems or disputes under the laws referred to in section
144 paragraph two;
(4) to order a new election or a new voting at a referendum to be
held in any or all polling stations when there occurs convincing evidence that the
election or the voting at a referendum in that or those polling stations has not
proceeded in an honest and fair manner;
(5) to announce the result of an election and the voting in a
referendum;
(6) to perform other acts as provided by law.
In the performance of duties, the Election Commission has the
power to summon any relevant document or evidence from any person, or
summon any person to give statements as well as to request the Courts, public
prosecutors, inquiry officials, State agencies, State enterprises or local
government organisations to take action for the purpose of performing duties,
investigating, conducting inquiries and passing decisions.
The Election Commission has the power to appoint persons, a
group of persons or representatives of private organisations to perform such
duties as entrusted.
Section 146.
Government officials, officials or employees of a
State agency, State enterprise or local government organisation or other State
officials shall have the duty to comply with orders of the Election Commission
given under section 145.
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