Anyone who is suspended by the Constitutional Court pending legal proceedings cannot be nominated for prime minister, according to Deputy Prime Minister Wissanu Krea-ngam.
Amid an ongoing legal case, they cannot be nominated because they would not be able to perform their duties should they be selected, said Mr Wissanu.
He was responding to a question asked apparently in reference to Move Forward Party (MFP) leader Pita Limjaroenrat's political situation.
Asked why Thanathorn Juangroongruangkit, former leader of the now-dissolved Future Forward Party, was nominated during a previous round of selection for prime minister after he was suspended, Mr Wissanu said he understood that Mr Thanathorn was ordered by the Constitutional Court to be suspended two days after the parliamentary vote to select the prime minister was conducted.
After all, Mr Wissanu said, the Section 151 case will take a fairly long time to complete from the EC's inquiry to the Criminal Court's consideration, meaning it will be unlikely Mr Pita will face suspension from work before he is nominated.
As for the submission of Mr Pita for royal endorsement in case he wins the parliamentary vote, a new rule prohibits his name being submitted for this while he is facing legal hurdles related to his alleged violation of Section 151, said Mr Wissanu.
Under Section 151, those who apply to run in an election while knowing they are not qualified or prohibited from doing so are liable to a prison term of one to 20 years and a fine of 20,000-200,000 baht. They are also banned from running in an election for 20 years.
Mr Pita said on Tuesday that he and the MFP were aware of attempts to prevent the party from forming a new coalition successfully and stop him becoming the next prime minister.
The party is ready to disprove all the allegations being made in a bid to derail it and its leader, he said.
Meanwhile, political activist Ruangkrai Leekitwattana submitted more documents to the EC on Tuesday about how Mr Pita 's ownership of media shares meant he was ineligible when he registered to run for election.