EC asks court to dissolve MFP

EC asks court to dissolve MFP

Judges may accept case at weekly meeting on Wednesday

Pita Limjaroenrat, left, former leader of the Move Forward Party, and his successor Chaithawat Tulanon, right, hold a press conference at parliament after the Constitutional Court ruled against its lese majeste law policy on Jan 31. (Photo: Nutthawat Wichieanbut)
Pita Limjaroenrat, left, former leader of the Move Forward Party, and his successor Chaithawat Tulanon, right, hold a press conference at parliament after the Constitutional Court ruled against its lese majeste law policy on Jan 31. (Photo: Nutthawat Wichieanbut)

The Election Commission (EC) on Monday submitted a petition to the Constitutional Court asking it to dissolve the main opposition Move Forward Party (MFP).

According to a source at the poll agency, the EC secretary-general, Sawang Boonmee, sent the petition to the court electronically.

The source said the court holds its weekly meeting every Wednesday, and it remains to be seen whether it will accept the petition for consideration at its meeting on Wednesday.

On March 12, the EC resolved unanimously to ask the Constitutional Court to disband the MFP after the court on Jan 31 ruled that the MFP's ongoing efforts to change Section 112 of the Criminal Code, the lese majeste law, indicated an intention to undermine the constitutional monarchy.

Based on the ruling, the EC argues the MFP violated Section 92 of the organic law on political parties.

The section gives the court the power to dissolve any party that is seen to threaten the constitutional monarchy.

The court also ordered the MFP to cease all attempts to rewrite Section 112.

It said campaigning on the issue is considered an attempt to end the constitutional monarchy and violates Section 49 of the constitution.

The MFP's proposed amendments included a requirement that any lese majeste complaint must be filed by the Royal Household Bureau. It also called for reduced sentences.

The judges pointed to the past actions of Pita Limjaroenrat, the party's former leader, as well as those by the MFP in general, including its applications to grant bail to suspects in lese majeste cases.

Forty-four of the party's MPs, including its chief adviser Mr Pita, could face a political ban for life as they are now the subject of a probe into whether they adhered to the code of ethics over their stance on the lese majeste law.

Lawyer Theerayut Suwankesorn last month filed a petition with the National Anti-Corruption Commission (NACC) asking it to investigate claims of a serious ethical violation by the 44 lawmakers who submitted a bill to amend Section 112 on March 25, 2021.

The petition came after the court's Jan 31 ruling. It was Mr Theerayut who also filed a petition with the EC, asking it to initiate dissolution proceedings against the MFP.

Mr Theerayut said political officeholders are required by law to meet certain ethical standards, including safeguarding the royal institution.

Section 235 stipulates that if the NACC finds grounds for allegations of a serious ethical violation by political officeholders, it must forward the case to the Supreme Court's Criminal Division for Holders of Political Positions.

If the court accepts, they will be suspended from duty pending its ruling.

If they are found guilty, they will be banned from applying to run in elections for MPs, senators and local organisation members.

They will also be banned from holding any political office for life.

The court can suspend their voting rights for up to 10 years as it sees fit.

Rangsiman Rome, an MFP list MP, said on Monday that independent agencies worked very fast in wrapping up the dissolution case against the MFP.

"I wonder whether they will also work just as fast in the case involving Senator Upakit Pachariyangkun," he said.

On Dec 14, last year, public prosecutors filed a suit with the Criminal Court against Mr Upakit, accusing him of colluding in money laundering and assisting a transnational criminal organisation.

The suit was filed after the Office of the Attorney-General resolved to indict Mr Upakit on charges of money laundering, involvement in a transnational criminal organisation, and supporting or colluding in an illicit drug network.

The senator was accused of having ties with Myanmar national Tun Min Latt, who was arrested for drug trafficking and money laundering on Sept 17, 2022. Sen Upakit denied all of the charges.

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