Bangkok, July 12, 2023 — Thailand’s Election Commission said Wednesday it has concluded there is evidence that the top candidate to become the country’s next prime minister, a reformist with strong backing among progressive young voters, violated election law and referred his case to the Constitutional Court for a ruling.
The commission’s decision included a request that the court order Move Forward Party leader Pita Limjaroenrat suspended as a member of Parliament until the ruling is issued.
The alleged violation involves undeclared ownership of media company shares, which are banned for lawmakers. Separately, the court also said it would review a complaint that Pita and his party may have violated the law by proposing to amendThailand’s strict legal provision against defaming the monarchy. Thai media said the court would not make any ruling on Wednesday and that it might need some to consider the issues.
Pita can still be nominated on Thursday when Parliament meets to vote for a new prime minister. But the commission’s move raises new doubts about whether he can muster enough votes to get the post, already a struggle because of Thailand’s deep political divisions.
The Move Forward Party, with a progressive reformist platform, swept to a surprise first-place finish in May’s general election, capturing 151 seats in the 500-member House of Representatives and the most popular votes. Move Forward has assembled an eight-party, 311-seat coalition with which it had planned to take power.
But Pita’s path to power is difficult because he must win 376 votes of a joint session of the House and the conservative, 250-seat, non-elected Senate. The Senate largely represents Thailand’s traditional ruling establishment, which suspects Move Forward’s proposals for minor reforms of the monarchy endanger the royal institution, which they consider to be the center of Thais’ national identity.
Pita’s party responded to the Election Commission’s decision by questioning its fairness and even its legality. It said its decision was unnecessarily hurried and violated its own procedures by failing to call Pita to give a statement.
The commission had earlier said it acted correctly but Move Forward alleges its members may have engaged in malfeasance, or carrying out duties in a wrongful manner, a crime punishable by 10 years imprisonment and a fine.
The election law complaint against Pita, lodged by a member of a rival party, alleges he ran for office in 2019 while failing to declare his shares in a media company.
Royalists soundly reject all efforts to amend the law, and courts have sometimes treated such proposals themselves as tantamount to violating the law. The military and the courts consider themselves stalwart defenders of the monarchy, and the Senate members overwhelmingly share their viewpoint.
If the court agrees that the accused’s actions constitute trying to overthrow the constitutional monarchy —a separate provision from Article 112 — they will not be subject to punishment but can be ordered to cease all activities related to their proposed amendment, subject to prosecution if they continue. – AP
