A leading member of the Democrat Party's legal team believes Abhisit Vejjajiva is still qualified to be an MP even though he has been stripped of his military rank.
Thavorn Senneam, a Songkhla MP, said the process of stripping Mr Abhisit's rank as ordered by Defence Minister Sukumpol Suwanatat had not yet been completed. Therefore, the Democrat Party leader was still qualified.
Moreover, Mr Abhisit had the right to ask the Administrative Court to revoke the order even though it concerned military disciplinary action.
The Administrative Court did not have the jurisdiction to consider a case concerning disciplinary action against an officer who was still in the military service. Since Mr Abhisit was no longer in the service, so this could not be applied in his case, Mr Thavorn said.
The matter would still have to go through a long legal battle, both in the Election Commission and the Constitution Court, which would make a final ruling.
Mr Thavorn said he was confident Mr Abhisit was still qualified and his being nominated for the post of prime minister in the censure motion would not be affected.
"The Democrat Party is gathering names of MPs and drafting a petition for the removal of ACM Sukumpol for having illegally issued the order," he added.