“Pradorn” highlighted a legal exception under Section 11 of the Referendum Act, allowing the Election Commission to hold a referendum on the same day as the election, noting this could save 3 billion baht. Meanwhile, the Council of State raised no objections.
At 14:05 on 16 Dec 2025 GMT+7 at the Government House, Mr. Pradorn Prisananantakul, Minister attached to the Prime Minister's Office, addressed concerns that a referendum on 8 Feb 2026 could not be held together with the election due to the less than 60-day timeframe. He explained that under Section 11 of the Referendum Act, which incorporates Sections 9 (2), (3), (4), and (5), the Cabinet may conduct a referendum and shorten the timeline as necessary. In particular, Section 9 (2) allows the Cabinet to hold a referendum when it deems there is reasonable cause—a clear Cabinet authority—and Section 9 (4) permits a referendum when Parliament has considered and approved the issue, then referred it to the Cabinet. Since Parliament has sent this matter to the Cabinet, it qualifies as an exception under Section 11. Holding the referendum with the election would save about 3 billion baht. Consequently, today's Cabinet meeting sent its opinion under the Referendum Act Section 11 in conjunction with Sections 9 (2) and (4) to the Election Commission. The Council of State did not raise objections.
Mr. Pradorn added that the cancellation of MOUs 43-44, which prevented holding the referendum, was due to objections from the Secretary-General of the Council of State, who viewed that proceeding could bind the next government and violate Section 169 of the Constitution, which restricts caretaker governments.
Regarding how to explain the MOA to the public, since it was included in the government's policy announced to Parliament but ultimately could not be implemented, Mr. Pradorn said that throughout the process they had been sincere and had consistently indicated an intent to put the referendum question forward. However, due to unforeseen circumstances, they consulted the Council of State on the legality, which responded that it was unconstitutional. Therefore, no actions that violate the Constitution can be carried out.