The Structuring of the Organization and Mechanisms in Election Management of the Election Commission Towards in an Honest and Just Manner

Abstract

 Elections are considered as a symbolic establishment of democracy that the public representatives are selected to perform as the legislative and administrative sectors of the country. As a result, candidates and parties attempt to compete in order to be selected. Due to the competition, the members of the Election Commission who are transparent, politically neutral, brave, and open-minded, are needed to control the corruption that may be occurred. The elections of Members of the House of Representatives were conducted before the Constitution of the Kingdom of Thailand in 1997 which the Ministry of Interior was initially responsible since the 15^th of November, 1932 until the 22^nd election on the 6^th January, 2001 which was under the Constitution of 1997. According to the mentioned elections, the Election Commission has been taking the responsibility to conduct the elections or referendums until the present time. However, the Constitution of the Kingdom of Thailand in 1997 was revised and added some aspects such as adding more members of Election Commission from 5 to 7, adding additional specific qualifications, and adding more powers of the Election Commission to cease, interrupt, correct, change, or perform any relevant duties on inappropriate election. In case of inappropriate issues of election, the Election Commission can investigate which based on penal code, they are equal with a senior administrative officer and a senior member of the police. Moreover, they can protect the witnesses, take some persons as the witnesses, set the budget of election management to handle with corruption, and to reward to the whistle blowers.

            In case that the Election Commission submits a petition to the Supreme Court or the Court of Appeals in order to withdraw the rights to be the candidate or withdraw the rights to elect. Also, the Supreme Court or the Court of Appeals has the rights to apply the Election Commission's prior investigation into further consideration. The structuring of the organization and mechanism regarding the elections will enable the Election Commission to improve their strategic capability in the procedures of conducting transparent and fair elections, to prevent misconducts regarding the elections, thus gaining respect from all sectors. In addition, conducting the conduct fair and accountable elections from misconduct requires public participation. Electoral parties, election candidates and the government sector should also be aware of such misconducts, and report to the Election Commission as appropriated in periods prior to the elections, during the elections, and post-elections. If misconducts related to election candidates, parties, or evidence of selling and buying votes are present including all relevant evidence of misconduct, the Election Commission should be informed as soon as possible. At the same time, the Election Commission should gather relevant information and investigate on illegal misconduct, persons involved in the election fraud and their behaviour, lobbyists, and related persons in each election area, by sending the assigned officials to investigate promptly. Most importantly, the Election Commission should conduct a list of persons who are involved in the misconducts in order to prevent future cases. In summary, if all relevant sectors collaborate and cooperate with the Election Commission in the preventing of any electoral fraud and misconduct, transparent and accountable politicians would be fairly elected as representatives of the people.