My interview with respect to the interpretation of the 2017 Constitution; “Section 268: Election of members of the House of Representatives under this Constitution shall be held within one hundred and fifty days as from the date the organic laws under Section 267 (1), (2), (3) and (4) have come into force.”
According to the 2017 constitution, there are two main interpretations of Section 268; by the government; and by politicians.
If the government argues that Section 268 did not clearly state the election timeline, then the law must be interpreted in the interests of the people, meaning that elections must be held within 150 days. This period is sufficient for elections to be completed.
Indeed, the Thai electoral timeline has been delayed multiple times by the National Council for Peace and Order (NCPO), and it is time to return power to the people.
The NCPO interpreted the “one hundred and fifty days” in Section 268 as a period to set the election date rather than the period for elections to be completed. This interpretation raises a question about the November 2018 election timeline, as announced by Prime Minister Prayuth Chan-O-Cha, as to whether it is to be postponed, or if there will be election at all in 2018.
Additionally, the interpretation of Section 268 by the NCPO and the Government demonstrates the apparent intention to once again extend the election timeline, which is not in interests of democracy.
The interpretation of the “one hundred and fifty days” in Section 268 by politicians is more beneficial for the people and democracy, because they argued that elections must be completed within 150 days of the date the organic laws under Section 267 (1), (2), (3) and (4) have come into force.
If either party requests the court to interpret this Section, it will further delay a return to democracy, despite the law already clearly stipulating that the “Election of members of the House of Representatives under this Constitution shall be held within one hundred and fifty days."
