Constitutional Court Dismisses Senator Candidate's Rights Complaint
Thailand's Constitutional Court on July 15 rejected a former Senate candidate's complaint that the Election Commission violated his rights by conducting elections without secret ballots, directing him to pursue remedies through other legal
The Constitutional Court on July 15, 2025 convened to consider a case filed by Direk Phonsima, a former Senate candidate, who petitioned the court under Article 213 of the Constitution to review alleged violations of his rights and freedoms. Phonsima argued that the Election Commission and its secretary general violated his rights by conducting the district and provincial Senate elections without secret balloting and without fairness or integrity as required under Thailand's constitutional democracy with the monarchy as head of state, in breach of Articles 2, 3, 4, and 5 of the Constitution.
After deliberation, the Constitutional Court determined that if Phonsima believes his rights have been violated, he may pursue remedies through other courts under Article 25(3) of the Constitution. Regarding his request that the court declare the Senate election unconstitutional, the court found that the Constitution and related laws specify particular procedures and eligible petitioners under the Constitutional Court Procedure Act B.E. 2561, Article 47(2). Article 46(3) of the Constitution empowers the Constitutional Court to refuse to accept a petition for consideration.
Based on these findings, the Constitutional Court unanimously issued an order refusing to accept the petition for consideration and ruling.
