A potential knockout blow looms for Move Forward leader Pita Limjaroenrat as he bids to take over the PM’s post after his party’s stunning election win on May 14.
The legal challenge over his ownership of media shares could stop the PM-hopeful in his tracks if the Election Commission (EC) decides to hand the case over to the Constitutional Court. And all hope of the top job would be crushed if the court rules against him.
The Constitution bars election candidates from running for office if they have a stake in media.
Some believe Pita could end up like tycoon-turned-politician Thanathorn Juangroongruangkit, leader of Move Forward’s predecessor Future Forward, who had his MP status cancelled for owning media shares.
Some observers say that Move Forward may have shot itself in the foot over Pita’s iTV headache by overlooking this pitfall on his path to the premiership.
What is the accusation?
Political activist and serial petitioner Ruangkrai Leekitwattana last month asked the EC to investigate if Pita’s holding of 42,000 shares in the media company iTV Plc was against the law.
He also noted that unlike most other parties, Move Forward requires that its members are not banned from contesting elections and have no “qualities” that would prohibit them from contesting, as per the Constitution.
Given that Pita has held these shares since 2008 as an inheritance following his father’s death in 2006, Ruangkrai said that, as per Move Forward’s rules, he shouldn’t have contested or even become a party member in the first place.
Pita became the leader of Move Forward shortly after it was set up in January 2020.
Pita’s response
Pita has strongly denied any wrongdoing in relation to his share ownership in iTV.
“I’m not worried because I haven’t done anything against the law,” he said in response to Ruangkrai’s claim.
He said the legal action may have something to do with his liberal party’s huge popularity and crushing victory over parties of the outgoing government.
The Move Forward leader said he had informed the National Anti-Corruption Commission about his ownership of the iTV shares, which he was holding as the executor of his father’s estate.
The embattled PM candidate disclosed on Tuesday that he had handed all the shares to his father’s other heirs to “pre-empt any attempt to revive the media company as political ammunition”.
The PM’s Secretariat Office had terminated iTV’s concession contract on May 7, 2007 and its frequency was taken over by the Thai Public Broadcasting Service (Thai PBS) in 2008.
After iTV’s frequency was blocked, its share value dropped to practically zero.
Foreign investors suggest the new government should focus on long-term plans
Key points in petitions
Ruangkrai petitioned the EC to rule on Pita’s status as an MP and prime ministerial candidate in line with relevant laws and regulations.
The complainant, who is affiliated with the outgoing ruling party, Palang Pracharath, also petitioned for a ruling on whether Pita’s endorsement of the party’s 500 MP candidates in the May 14 national vote would be void if his status as Move Forward leader is nullified.
Move Forward won 151 MP seats in the election – 112 constituency and 39 party-list.
Ruangkrai has also pushed the EC to refer the case to the Constitutional Court to gain clarity on Pita’s legal status. He is convinced the case will end in the same way as that of Thanathorn.
EC chairman Ittiporn Boonpracong said the commission is gathering information relevant to Ruangkrai’s petitions and will consider all facts and evidence before deciding if the case should be referred to the charter court.
What the law says
Article 98 of the Constitution bars any election candidate running for an MP seat from “being the owner of, or a shareholder in any newspaper or mass media business”.
Article 24 of the Organic Act on Political Parties stipulates that any party member must be qualified and have no prohibited qualities in accordance with their party regulations. Meanwhile, Article 112 states that any party leader or party executive who accepts the appointment despite being aware of their lack of qualification risks maximum imprisonment of three years and/or a fine of up to 60,000 baht. The party involved faces a fine of up to 100,000 baht.
Possible consequences
Caretaker Deputy Prime Minister Wissanu Krea-ngam, who is in charge of the government’s legal affairs, said recently that if Pita was found to be unqualified to endorse Move Forward’s election candidates, the May 14 general election could be nullified and there could be a new national vote.
Former election commissioner Somchai Srisutthiyakorn, who now leads the Thai Liberal (Seree Ruam Thai) Party’s strategy team, warned that Move Forward’s supporters could take to the streets if Pita was prevented from taking the PM’s post.
He also cautioned that Thailand may see another military coup if the protests turn violent.
By Thai PBS World’s Political Desk
