Thai Constitutional Court To Rule On Legality Of February Election Amid Secrecy Claim

BANGKOK, Sept 28 — Thailand's Constitutional Court is due to hand down a ruling on Monday in a high-stakes challenge to the February 8 general election, a decision that could call part or all of the result into question.

The case was brought by the national ombudsman, who argues that barcodes and QR codes printed on ballot papers could be used to trace how individual voters cast their ballots and thereby undermine the secrecy of the vote. The Election Commission says the codes were added for security reasons and that linking a ballot to a voter would require access to separately stored ballot stubs.

Nearly 38 million Thai citizens voted in the February election. The result delivered a decisive victory for Prime Minister Anutin Charnvirakul and his Bhumjaithai Party, enabling the party to lead a coalition that controls more than 290 of the 500 seats in Parliament.

The Constitutional Court has long played a pivotal role in Thailand's modern political history. Over the past two decades it has dissolved major parties, annulled national elections and helped topple governments and prime ministers, particularly during periods of intense political turmoil.

Legal analysts say the court is more likely to find that the ballots were lawful and to dismiss the petition. However, the court could still conclude that ballot secrecy was breached; such a finding might lead to annulment of part or all of the election result and would create major political uncertainty.

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

The court previously voided the 2006 election after finding that the layout of polling booths and short notice had compromised ballot secrecy. It also annulled the 2014 election when voting could not be held nationwide on the same day because anti-government demonstrators blocked polling stations in parts of Bangkok and dozens of southern constituencies. Both rulings occurred amid political turmoil that contributed to military coups in those years.

Even if the February result is upheld, observers warn the ruling could deepen public distrust of the government and of Bhumjaithai, which has faced allegations of corruption and of manipulating a Senate selection process—allegations the party denies. Analysts say the party faces no immediate legal threat to its hold on power, but growing public unease could erode its political 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.'

Reporting by Panu Wongcha-um and Panarat Thepgumpanat; Editing by Martin Petty.