22-5-2024 (BANGKOK) All eyes will be on Thailand’s Constitutional Court on Thursday, as it deliberates whether to accept a petition seeking the ouster of Prime Minister Srettha Thavisin over his controversial decision to appoint Pichit Chuenban to the cabinet.
Mr. Pichit tendered his resignation as a minister in the Prime Minister’s Office on Tuesday, a move widely perceived as an attempt to shield Mr. Srettha from potential legal repercussions stemming from questions about his eligibility.
However, legal observers note that the court’s decision on whether to proceed with the petition submitted by a group of 40 senators, who have accused both Mr. Pichit and the Prime Minister of breaching ministerial ethics, remains uncertain.
Should the court accept the petition, Mr. Srettha could face suspension from duty, according to legal experts.
The petition, submitted via Senate Speaker Pornpetch Wichitcholchai, asks the court to determine if Mr. Srettha and Mr. Pichit should be terminated from their positions under Section 170 (4) and (5) of the constitution, which deals with the ethical standards expected of cabinet ministers.
A source within the court revealed that the judges would also consider Section 51 of the court’s procedures before deciding whether to accept the petition. This section allows the court to dismiss a petition if it is withdrawn or lacks sufficient grounds, unless the court deems it necessary to proceed for the public’s benefit.
Nattacha Boonchaiinsawat, a Bangkok MP and deputy leader of the opposition Move Forward Party, criticized the recent cabinet reshuffle on Wednesday, alleging that appointments were not based on merit.
“Cabinet seats were divided based on the quota of each party. Rewarding close associates was obvious [in the reshuffle],” he said.
Mr. Nattacha further stated that Mr. Srettha is not out of the woods despite Mr. Pichit’s resignation, expressing his belief that the court would likely proceed with the petition against the Prime Minister.
Mr. Pichit’s chequered past includes a six-month prison sentence in 2008 for contempt of court over an attempted bribery case when he acted as a lawyer for former Prime Minister Thaksin Shinawatra in a controversial land case.
Mr. Srettha had previously stated that he sought legal advice from the Council of State, the government’s legal arm, regarding the appointment of Mr. Pichit before submitting the new cabinet line-up for royal endorsement.
A cabinet source earlier claimed that Mr. Pichit’s imprisonment in the 2008 case did not render him ineligible for a cabinet position, as the required 10-year break between finishing a jail term and the appointment had passed. However, the question of whether Mr. Pichit meets the moral and ethical standards required by the charter remains a separate matter, according to the source.
Supoj Khaimuk, a former Constitutional Court judge, suggested that if the court accepts the petition, it may need to verify whether Mr. Srettha had indeed consulted the Council of State about Mr. Pichit’s ethical standing.
“The Prime Minister knew that if he had asked the Council of State about whether Mr. Pichit met the ethical standards, the answer would not have been in his favor,” Mr. Supoj asserted.
