Supachai posted a rebuttal to academics, affirming that the Election Commission can initiate an investigation into the alleged collusion among the 'Orange Senators' on its own. He mocked that if a formal complaint is needed, he is ready to provide one, as he has abundant evidence.
On 29 Jul 2026 GMT+7, Supachai Jaisamut, chairman of the legal task force for Bhumjaithai Party MPs, posted a message addressing academics who challenged the filing of a complaint with the Election Commission regarding the case. The 'Orange Senators' collusion case. He affirmed that the Election Commission can initiate an investigation on its own authority, citing the academic concept of 'power of position' with details as follows.
In fact, even without a formal complaint, the Election Commission already has legal authority. That is, the EC can start an investigation or inquiry on its own if there is reasonable suspicion or evidence suggesting the election may not have been conducted honestly and fairly.
The key legal basis is Section 41 of the Organic Act on the Election Commission, B.E. 2560, which states in summary: 'When there is reasonable suspicion or evidence before the Commission, whether from any source, regardless of whether a complaint or accusation is made, the Commission must immediately conduct an investigation or inquiry to find the facts and evidence.'
Supachai said that this principle is confirmed both by the law's text and the EC's practice. Therefore, the EC has the power to initiate proceedings on its own (Ex Officio Power), as Section 41 of the Organic Act states 'whether or not there is a complainant or accuser,' which is a very important phrase. It means the EC does not have to wait for anyone to file a complaint. Legally, it refers to the power granted by law for an organization or government official to act independently without requiring a formal complaint or accuser.
Therefore, if the EC considers the gathering of the group of 'People’s Senators' or 'Orange Senators' to collude is not fraud (as academics call it), the EC still has legal authority to investigate who paid for the 300 candidates' event expenses, including catering, venue rental, travel expenses—did they pay their own plane tickets, where did they stay, who paid for it, did they come in one vehicle or separately, who paid for fuel, etc.—all the details claimed by other groups.
“The EC can investigate whether the senators in your group, such as Mr. Dewarit or Professor Nantana, who were elected as senators from the district up to the national level, were involved in collusion (fraud). I urge the Election Commission to promptly act under Section 41 as requested. Or if a complaint is needed, I am happy to arrange that. There is plenty of evidence,” Supachai said. Supachai concluded his remarks.