The Constitutional Court ruled by 7 votes to 1 today that former Transport Minister Saksayam Chidchob’s post as a minister ended on March 3rd last year, after it was discovered that he owned shares, through a nominee, in a construction company that was awarded a contract with a state agency.
The dissenting vote was cast by Constitutional Court Judge Udom Sittiwirattham, who said that Saksayam’s position as a minister did not end in accordance with Section 170 of the Constitution.
The court said that the shares, which are owned, on paper, by an employee of the Buri Charoen Construction Company, identified as Suphawat Kasemsut, were actually owned by Saksayam and that Suphawat was just a nominee.
According to sections 170 and 187 of the Constitution, a minister is prohibited from holding shares in a company which is in a contractual relationship with a state agency and their tenure as a minister will end if they are found to own shares in such a company.
Saksayam resigned from his post at the Transport Ministry on March 3rd last year, after he was ordered, by the Constitutional Court, to stop performing duty as a minister.
The case was brought before the Constitutional Court after 54 MPs lodged a complaint with the House speaker, seeking a ruling on Saksayam’s cabinet post because he held shares in the construction company.
After the Constitutional Court’s ruling today, Saksayam resigned as secretary-general of the Bhumjaithai party and as a party-list MP, effective immediately.
