The Election Commission on Tuesday resolved to ask the Constitutional Court to dissolve the election-winning Move Forward Party, citing the court's recent finding against the party's policy on the lese majeste law.
The EC said in its statement issued on Tuesday that the decision was unanimous.
The Move Forward Party has a policy to amend Section 112 of the Criminal Code, known as the lese majeste law, which it says is being misused for political purposes.
Based on the recent finding of the Constitutional Court, the EC argues that the MFP is in violation of Section 92 of the organic law on political parties. The section gives the Constitutional Court the power to dissolve any political party that is seen to threaten the constitutional monarchy.
The Constitutional Court agreed unanimously on Jan 31 that the MFP must cease all attempts to amend the lese majeste law, and that campaigning on the issue is considered an attempt to overthrow the constitutional monarchy.
The court found that the party's plan to amend the royal defamation law showed "an intent to separate the monarchy from the Thai nation, which is significantly dangerous to the security of the state".
Move Forward's proposed amendments included the requirement that a complaint must be filed by the royal household itself, along with reduced sentences.
As they read out their opinions, the judges pointed to past actions of Pita Limjaroenrat, the former MFP leader, and the party, including moves to propose amendments to Section 112, participate in campaigns with groups opposing Section 112, and their actions in applying for bail for lese majeste suspects.
The court said that Mr Pita and the party tried to either change or revoke Section 112 when its 44 MPs submitted a bill to amend Section 112 on March 25, 2021.
According to the court, the bill was aimed at lowering the status of the royal institution because it required the Bureau of the Royal Household to file lese majeste complaints. Consequently, the institution would be placed in direct opposition to members of the public in defamation cases.
That would be against the constitutional principle that elevates the royal institution above any political issues, because the royal institution is a pillar of national security, the judges said.
The court also said that Mr Pita and the party continued to call for the amendment of Section 112 during election campaigning last year. It was a campaign policy.
MFP won the May 14, 2023, general election, getting 14.4 million votes, but was unable to form a coalition government. Now it is the main opposition party. The Pheu Thai Party, which finished second, leads the present coalition government.
MFP spokesman Parit Wacharasindhu said on Tuesday that the party would defend itself in the court, and it had already made preparations in the event it was disbanded.
If MFP were to be dissolved, about 10 of its executives would be banned from applying to run in elections for 10 years.
They include Mr Pita and its current leader, Chaithawat Tulathon. Its MPs would have 60 days to move to other parties.
Somchai Srisutthiyakorn, a former election commissioner, posted on Facebook that the Constitutional Court's deliberation of the dissolution would take about two months before a ruling in May.
"It's unlikely the court's ruling will spell good news for the MFP," Mr Somchai wrote.
"If the party is dissolved, its MPs must move to other parties within 60 days. Move Forward must try to keep as many of them as possible, as other parties are expected to make irresistible offers to attract them," he wrote.
Olarn Thinbangtieo, a political science lecturer at Burapha University, told the Bangkok Post that the MFP is unlikely to survive such a disbandment.
Those in power fear that after the Senate's term ends in May, MFP and Pheu Thai will join hands to form a coalition government.
Unlike the current Senate, which was appointed by the now-defunct National Council for Peace and Order (NCPO), its replacement will not be allowed to co-elect a prime minister.
MFP has been critical of the NCPO-appointed Senate and sought to "switch off" or remove its power to join MPs in selecting a prime minister.
"However, if MFP is dissolved, the current coalition government would continue to retain its current status," Mr Olarn said, adding the party's dissolution would prompt some of its supporters to protest, but they would not pose a major threat to the government.
Wanwichit Boonprong, a political science lecturer at Rangsit University, said that the prospects of MFP surviving any move to dissolve it look slim.
He said that if the party is dissolved, its members may turn to run for office in local and Senate elections.
He also said he believes that if the party is dissolved, it would probably not lead to any major street demonstrations.
