Opposition and Democrat Party leader Abhisit Vejjajiva has submitted a petition to the Administrative Court, asking it to rule whether the Defence Ministry's order to retroactively dismiss him from military service and strip him of his rank is against the law.
Democrat Party spokesman Chavanont Intarakomalyasut said Mr Abhisit's case was filed with the Administrative Court by his lawyer on Monday.
Mr Abhisit has asked the court to rule whether the Defence Ministry can legally retroactively dismiss him and strip him of his military rank since he left the military service a long time ago.
The court was also asked to rule whether Mr Abhisit had breached military discipline, as mentioned in the Defence Ministry's order.
Mr Chavanont said Mr Abhisit had evidence to confirm that he had never falsified or used fake documents to apply for a teaching job at the Chulachomklao Royal Military Academy - the job that exempted him from military conscription in 1987.
Bundhit Siriphan, Mr Abhisit's lawyer, said that now the petition was filed with the court the Defence Ministry's order would not affect the censure debate against the government scheduled for Nov 25-26.
The lawyer said the Defence Ministry's order was simply persecution which could lead to Mr Abhisit being disqualified as an MP.