Sawang, Secretary-General of the Election Commission (EC), outlines that for "collusion in Senate elections," all three elements under Article 226 of the Constitution must be met before the case can be referred to the Supreme Court.
23 Aug 2026 GMT+7 Mr. Sawang Boonmee, Secretary-General of the Election Commission (EC) addressed the discussion regarding Article 226 of the Constitution concerning the EC's authority to refer cases to the Supreme Court in instances of collusion in Senate elections. He explained that the case file concerning Senate members under Article 226 states that the elements of offense for the EC to file a petition to the Supreme Court to revoke a candidate's rights after the Senate election results have been announced consist of three elements as follows:
1. The corrupt act must be committed by the "candidate" themselves or the candidate must have known and approved the acts of others. If the candidate neither committed corruption nor consented to others' corrupt acts, there is a question whether Article 226 applies. This depends on the facts proven by the collected evidence.
2. The act must be corrupt, such as paying for candidacy, paying for votes, mutual agreement to exchange votes, or providing other benefits to secure election.
3. There must be credible evidence that the election was not conducted honestly and fairly.
Sawang concluded by stating, "If all three elements of the offense are met, the EC must refer the case to the Supreme Court under Article 226 of the Constitution."