11-7-2023 (BANGKOK) The case involving Move Forward Party (MFP) leader Pita Limjaroenrat’s previous iTV shareholdings, if forwarded to the Constitutional Court by the Election Commission (EC), has the potential to influence senators in the crucial vote for a new Prime Minister on Thursday. Prominent figures, including a former election commissioner and an academic, have expressed their views on the matter.
Former election commissioner Somchai Srisutthiyakorn stated that if the court decides to consider the case, it could result in Mr. Pita being suspended from his duties as a Member of Parliament (MP), consequently impacting the voting process on Thursday. Although Mr. Pita could still enter parliament as a prime ministerial candidate, he would be barred from serving as an MP.
This situation could lead senators to abstain from voting due to concerns over the potential complications arising from Mr. Pita’s alleged ineligibility, according to Mr. Somchai.
Mr. Pita, who is the sole prime ministerial candidate for the MFP, faces allegations of being ineligible to run for office due to his ownership of 42,000 shares in iTV. Critics argue that iTV is an operational media company, which violates the constitutional provision prohibiting individuals with media shareholdings from running for office. However, Mr. Pita has denied these allegations, asserting that he merely served as the executor of his family’s inherited shares.
Mr. Somchai emphasized the importance of the EC summoning Mr. Pita to defend himself against the accusation before deciding whether to refer the case to the court. The EC’s inquiry panel, responsible for investigating Mr. Pita’s eligibility, has concluded its investigation and submitted its findings to the EC’s main committee.
Ittiporn Boonpracong, the EC chairman, announced on Monday that the case had not yet been forwarded to the Constitutional Court, as the inquiry panel had only briefed the main committee on their findings.
Jade Donavanik, a legal scholar and former adviser to a charter drafting panel, echoed the sentiment, stating that if the EC finds grounds for the accusation against Mr. Pita, the next step would be to refer the case to the court. Should the court accept the case, it would request the House speaker to suspend Mr. Pita as an MP pending a trial.
However, Mr. Jade clarified that Mr. Pita could still be nominated for Prime Minister in the upcoming vote on Thursday. Even if he were to win the vote, he would be unable to fulfill the duties of a Prime Minister until the trial concludes. Consequently, senators may choose to abstain from voting until the court determines Mr. Pita’s eligibility. Alternatively, political parties could nominate an alternative candidate to resolve the issue.
Mr. Jade expressed doubts about the likelihood of electing a new Prime Minister in the vote scheduled for July 13, stating, “It is not easy. I don’t think a new Prime Minister can be elected in the July 13 vote.”
MFP Secretary-General Chaithawat Tulathon lodged an urgent protest with the EC on Monday, objecting to any hasty decision to refer the case to the court. He claimed that the poll agency was rushing the case and that the EC’s inquiry panel had failed to summon Mr. Pita to provide an explanation, as required by regulations.
Mr. Pita confirmed on Monday that he had not yet been summoned by the EC but expressed readiness to cooperate, expressing optimism about fruitful discussions between the MFP and senators.
Sources reveal that the Senate committee on political development and public participation holds the view that if Mr. Pita fails to secure his bid for Prime Minister in the initial voting round on Thursday, he cannot be nominated for subsequent rounds of voting.
