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Democrat Party Warns Election Commission to Handle Senate Election Case Transparently, Threatens Legal Action for Discrimination under Section 157 at Anti-Corruption Court

Politic11 Sep 2026 12:07 GMT+7

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Democrat Party Warns Election Commission to Handle Senate Election Case Transparently, Threatens Legal Action for Discrimination under Section 157 at Anti-Corruption Court

Abhisit preempts the Election Commission's (EC) handling of the September 14 Senate election case, stressing they must adhere strictly to Supreme Court standards. He warns that discriminatory actions will face charges under Section 157 and supports lawsuits at the Anti-Corruption Court. He cautions that applying double standards in discretion will turn rulings into "poisonous fruit." The term "poisonous fruit" refers metaphorically to harmful consequences arising from biased decisions.


At 10:00 a.m. on 11 September 2026, at the Democrat Party press room, party leader Abhisit Vejjajiva addressed the Election Commission's (EC) upcoming review of complaints related to the Senate election. He stated that on 14 September, the EC is not the final arbiter of wrongdoing but must perform its duties under the Constitution and related laws governing the Senate’s composition. He urged the EC to carry out its duties straightforwardly and to follow legal precedents and Supreme Court standards.

Abhisit explained that the Senate Election Act clearly states in Section 62 that it applies to both “candidates or any person” involved in fraud or knowingly allowing an election to be neither honest nor fair, not restricting this only to the candidates themselves.

He added that the law mandates the EC to file complaints with the Supreme Court when credible evidence of wrongdoing exists, without exception. Furthermore, under Section 76, political parties aiding or supporting Senate candidates are also culpable, as are candidates allowing party members to assist them. Section 77 covers vote-buying, hosting feasts, or offering benefits, all electoral offenses. He emphasized this because on 14 September, there is an attempt to limit the review to only Sections 62 or 77, which must be avoided.

Abhisit highlighted past legal precedents in Senate election cases from the EC and Supreme Court, where candidacy rights were revoked for offenses including vote trading via LINE app, exchanging positions, money transfers, and sending vote solicitation messages. The Supreme Court ruled these acts unfairly disadvantaged other candidates and violated the Constitution’s intent for free and merit-based elections.

He warned that if the EC refuses to uphold these precedents, it would amount to discrimination or double standards, violating Criminal Code Section 157. Since four EC commissioners were appointed by the current Senate, who are themselves accused in the case, they have a conflict of interest and should not vote. However, as the law requires meetings, the proper course is for the EC to submit the case to the Supreme Court for judgment. Should the 14 September decision disregard the law, the Democrat Party is prepared to assist affected alternate senators in filing lawsuits against the EC at the Central Anti-Corruption Court, which has precedent for suing independent agencies. He believes the issue will not end on 14 September; if the case goes to court, it waits for judgment, but if not, legal challenges will continue based on failure to follow established standards.

Abhisit also said that during yesterday’s parliamentary debate, some defended the process by warning of "poisonous fruit" resulting from improper investigative beginnings.

He questioned why those making that claim ignore the Constitutional Court’s rulings supporting the Special Investigations Department’s (DSI) procedures in cases involving Phumtham Vechayachai and Pol. Col. Tawee Sodsong. The court clearly found the 26th subcommittee's process proper. He urged adherence to this constitutional precedent. Conversely, if the EC applies double standards, its ruling itself will become "poisonous fruit," not ordinary but contagious, undermining the political system and effectively subverting the democratic constitutional monarchy by allowing politicians to dominate the mechanisms meant to check governmental power.

Regarding cooperation with the People's Party in seeking justice and oversight, Abhisit said they have not recently discussed it but had talked during opposition coordination about legal avenues, though it is unclear if they align. The issue originated from alternate senators filing complaints, followed by civil groups and the People's Party revealing many facts from the 26th subcommittee’s investigation. They found accused parties include not only senators but political party members acting as part of an organized network. Similar patterns across several areas indicate coordination by a central command, a crucial fact requiring full legal action.

Abhisit expressed gratitude to civil society groups organizing activities on Sunday, 13 September, for fighting for justice despite attempts to silence them through lawsuits and efforts to punish DSI officials conducting the case impartially. He noted that all groups involved—whether civil or political—share a common goal of pursuing justice and legality.

On the Democrat Party’s approach, Abhisit affirmed readiness to legally support victims if the EC’s final ruling contradicts the law’s intent. Concerning the petition signed by 229 people, if the EC decides to prosecute only some or not all, the party will carefully review the EC’s rationale and decision details first.