Court Rules Local Election Law Unconstitutional
Thailand's Constitutional Court ruled 7-2 that a five-year ban on candidates convicted under the Local Election Act unconstitutionally restricts the right to run for local office without reasonable justification.
On July 15, 2025, the Constitutional Court considered cases referred by the administrative courts of Phitsanulok and Chiang Mai regarding Section 50(18) of the Local Election Act, B.E. 2562, which the court assessed against Article 26 of the Constitution concerning the limits on individual rights and freedoms. The disputed provision states that anyone convicted of an offense under the act—whether or not they received a sentence—who has completed their sentence or faces a final judgment less than five years before the election date is ineligible to run for local office.
The Constitutional Court determined that this disqualification rule excessively restricts a person's right to candidacy without reasonable justification. By a 7-2 majority vote, the court ruled that Section 50(18) contradicts Article 26 of the Constitution.
This ruling means the five-year disqualification period cannot be enforced in the areas the court found unconstitutional, establishing an important standard for protecting citizens' voting and candidacy rights under the Constitution. The seven justices supporting the decision were Udom Sittiwirattham, Wirul Sangthian, Chiraniti Hawanon, Naphadol Theppitag, Banjong Sakdiwoungpracha, Udom Rattamrit, and Sarawut Songsivilay. The two dissenting justices were Nakorin Mekhtrairat, the court's president, and Sumet Roykuncharin.
