Bangkok: The Constitutional Court has ruled 6 to 3 to accept the case for review regarding election ballots containing barcodes, which allegedly rendered the election neither direct nor secret. The court has ordered the Election Commission to submit a statement within 15 days, including a list of evidence and how it was obtained, from the date of receiving the summons.
According to Thai News Agency, the court's decision followed a petition from the Ombudsman, who alleged that the election management by the Election Commission, involving ballot papers with barcodes and QR codes, compromised the secrecy of voting. The petition, brought under Section 213 of the Constitution, claimed that this action contradicted several sections of the Constitution, including Sections 4, 25, 34, 50 (7), 83 paragraph two, 85, 98, and 224.
The court found that the issue in question was of national concern, affecting the general election of members of the House of Representatives held on 8 February 2026. The Constitutional Court determined that the petition met the necessary criteria under Section 213 of the Constitution and the Constitutional Court Procedure Act B.E. 2561 (2018), leading to its acceptance for consideration and judgment.
The majority of the Constitutional Court judges who voted in favor of the review include Mr. Nakarin Mektrirat, Mr. Wirun Saengtian, Mr. Jiraniti Hawanont, Mr. Napadol Theppitak, Mr. Udom Rattamarit, and Mr. Sumet Roykulcharoen. Meanwhile, the minority judges, Mr. Udom Sittivirachatham, Mr. Banjongsak Wongprach, and Mr. Sarawut Songsiwilai, contended that the exercise of power by the Election Commission did not constitute a direct violation of the Constitution but was instead aligned with the Organic Act on the Election Commission B.E. 2560 (2017) and the Organic Act on the Election of Members of the House of Representatives B.E. 2561 (2018).
In compliance with Section 27, paragraph three of the Constitutional Court Procedure Act B.E. 2561 (2018), the respondents are required to provide statements clarifying and refuting the allegations to the Constitutional Court within 15 days. Additionally, both the petitioner and the respondents must submit evidence lists and methods of obtaining such evidence within the same timeframe.