Thai court to rule on challenge to 2026 election legality

BANGKOK: Thailand's Constitutional Court will rule on Monday (Sep 28) on a challenge to the legality of February's general election, a decision that could put part or all of the result in doubt.

The case stems from a petition filed by the ombudsman that argued that barcodes and QR codes printed on ballot papers could be used to identify which candidate and party a voter chose, undermining ballot secrecy.

Nearly 38 million Thais voted in the Feb 8 election, which was won decisively by Prime Minister Anutin Charnvirakul's Bhumjaithai Party, allowing him to form a coalition government controlling more than 290 of the 500 seats in parliament.

The election commission says the codes were included on ballots for security purposes and that identifying a voter would require access to ballot stubs stored separately. 

The Constitutional Court has been at the heart of two decades of on-off political turmoil in Thailand, delivering verdicts that dissolved major parties, voided two general elections and brought down multiple governments and prime ministers.  

Analysts say the court is likely to rule that the ballots were lawful. However, if it finds secrecy was breached, it could annul part or all of the election result.

"Dismissal of the petition is the most likely outcome," said Prinya Thaewanarumitkul, a law lecturer at Thammasat University, adding that a nationwide election rerun was unlikely.

PM FACING "CRISIS OF PUBLIC TRUST"

The same court voided a 2006 general election after finding the arrangement of polling booths compromised ballot secrecy and that the election had been called at too short notice.

It also annulled a 2014 election because voting could not be held nationwide on the same day, after anti-government protesters blocked polling stations in parts of Bangkok and dozens of constituencies in the south.

Those rulings both took place during periods of political tumult that led to military coups in the same year.   

But even if the court upholds the election, its ruling could deepen public mistrust of the government and Anutin's Bhumjaithai, which has faced allegations of corruption and involvement in rigging a selection process for the Senate, which it denies. 

While the party faces no immediate legal threat to its hold on power, some analysts say public unease is building and eroding its legitimacy.

"In this case, the government will likely carry on ... but it will face mounting pressure from a crisis of public trust," said Wanwichit Boonprong, a political science lecturer at Rangsit University.

"People may come to feel that those on this side can get away with anything."