The Election Commission (EC) has decided to take legal action against former Move Forward Party (MFP) MP for Rayong Nakhonchai Khunnarong and demanded he pay for a by-election after finding him ineligible to run for a House seat.
In its statement, the EC said the agency had concluded its probe into the controversy surrounding Mr Nakhonchai's eligibility and ruled that he contested the general election last year despite knowing he was barred from running.
Mr Nakhonchai resigned as an MP in early August last year after admitting he had been convicted in a theft case and served 18 months in prison 24 years ago. The EC held a by-election on Sept 10 to fill the vacant seat and launched a probe.
If a candidate runs in a general election despite knowing he or she is ineligible, that can also be considered as committing an offence in violation of Section 151 of the MP election law. He or she can be held responsible for any costs incurred during that time in accordance with Section 420 of the Civil and Commercial Code.
The poll agency said it would file criminal charges against Mr Nakhonchai as well as bill him for the cost of the by-election.
The EC also rejected Mr Nakhonchai's claim that he benefited from the 2007 law on rehabilitation of former offenders, which was enacted to mark the 80th anniversary of His Majesty King Bhumibol Adulyadej The Great's birthday.
According to the EC, while the law deems him as never having been imprisoned, it does not negate a court ruling.
Last month, the Ratchaburi Provincial Court ordered former MP Pareena Kraikupt to pay 7.6 million baht to the EC to cover the cost of organising a by-election to find her replacement after she was disqualified from holding the position two years ago.
The court ruled on March 11 that the former Palang Pracharath Party (PPRP) MP had to pay 7.6 million baht plus interests to the EC, as it had to hold another election on May 21, 2022, following Ms Pareena's disqualification by the Supreme Court over an ethics breach.
The amount must be paid to the EC within 30 days of the ruling, or the court will seize assets listed under her name to cover the compensation. She also risks arrest and imprisonment if she fails to abide by the order.