The Election Commission’s decision to pursue possible criminal charges against Move Forward Party leader Pita Limjaroenrat could pose a serious threat to his chance of becoming Thailand’s next prime minister, according to political analysts.

They said senators opposed to Pita would have an excuse not to vote for his prime ministerial nomination while the case against him is pending in the Criminal Court.

The Election Commission  on Friday agreed unanimously to reject complaints that would have led to Pita being disqualified as the May-14 election candidate.  Pita was alleged to have owned 42,000 shares in iTV, a media company.

Election candidates are legally barred from owning shares in media companies. Pita insisted that the shares were an inheritance from his late father and he was only its custodian.  Pita disposed of the shares last week.

However, the Election Commission is convinced that there are enough grounds to charge Pita for violating the election law. The commission said Pita registered as a candidate in the election knowing that he was not qualified to do so.

If found guilty, Pita faces a penalty of 10 years in prison and a fine of up to 200,000.  He also faces the possibility of having his voting rights deprived for 20 years – practically denying him any chance of running in elections or holding political offices during that period.

Pita over the weekend insisted on his innocence and said he had not been officially notified by the commission of its ruling and the pending charges.

Pita is in the process of forming a post-election coalition government with seven other political parties with him as prime minister.  However, whether he will get enough support from the 250 military-appointed senators to clinch the country’s top executive post is still a big question mark.

Somchai Srisutthiyakorn, a former election commissioner,  said he believes the court proceedings against Pita is most likely to drag on while his nomination as prime minister is decided in the Parliament.

“It would provide the senators with a good excuse not to vote for Pita,” said Somchai.

Other political analysts also agreed that it would make it more difficult for Pita to get support from the senators.

Executives of Move Forward Party described the move by the Election Commission as part of the ploy to block Pita from becoming prime minister.

Leader of Opposition’s Thai Liberal Party Sereepisuth Temeeyaves, however, said the senators should not use the case against Pita as an excuse not to vote for his prime ministerial nomination.

He said Pita must be assumed innocent until proven guilty.