The Move Forward Party (MFP) on Wednesday accused the Election Commission of “abuse of power” after it recommended that leader Pita Limjaroenrat be suspended as an MP while the Constitutional Court rules on his status.
“The decision to submit a case to the court saying there was enough evidence, without informing him of any charges and not allowing him a chance to explain as under the regulations set by the EC … is an abuse of power under the Criminal Code,” the party said in a statement.
The EC has asked the court to rule on whether Mr Pita broke the law by holding shares in a media company when he applied to run as an MP. Even if he is suspended as an MP, he would still be able to stand as a prime ministerial candidate when parliament meets on Thursday.
EC chairman Ittiporn Boonpracong said earlier that the constitution allowed the EC to seek a fast-tracked Constitutional Court ruling if it had doubts about the status of any MP. It would then be up to the court to decide whether it wanted to hear the MP’s defence.
However, MFP secretary-general Chaithawat Tulathon said the EC’s own regulations required it to listen to an MP’s defence before reaching a resolution on the termination of the MP status.
“Regarding the EC’s intention to send the matter to the Constitutional Court and have Mr Pita suspended before the prime ministerial vote (in parliament on Thursday), is this ‘lawfare’ and the tool of any particular political group?” Mr Chaithawat asked rhetorically.
“I’d like to tell the EC and independent organisations not to abuse power. When politics returns to normal, people will punish you.”
Mr Chaithawat said the EC’s handling of the Pita case raised questions about the dereliction of duty by the poll body under Section 157 of the Criminal Code.
He also commented that the EC seemed to handle the issue of Mr Pita unusually quickly in the lead-up to the parliamentary vote.
He confirmed that MFP and its seven coalition allies would proceed with their efforts to form the next government regardless of any developments from the EC and the Constitutional Court.
Progressive Movement leader Piyabutr Saengkanokkul said the EC’s speedy recommendation was a sign that a “legal war” is being waged against Mr Pita.
He said it took the EC only 32 days from when it first received the complaint to make its decision. When the qualifications of Don Pramudwinai, the current caretaker foreign minister, were questioned because of a shareholding by his wife in 2018, it took 355 days before the EC made up its mind. Mr Don was eventually cleared.
Mr Piyabutr, a law professor and co-founder of the Future Forward Party, the predecessor of the MFP, also noted that when the EC investigated Future Forward leader Thanathorn Juangroongruangkit, it took 75 days to reach a conclusion.