The Constitutional Court decides the fate of Chetha Tavisin in the Prime Minister's impeachment case, appointing Pichit Soonban as minister.

On a day that will decide the political future of the 30th Prime Minister, Mr. Seth Tavisin performed his duties as usual inside the Government House, and in any reading of the Constitutional Court's judgment, “no war room” was attached.

Today (August 14) Prime Minister Seth Dr. Appointed to Lertsuriatage of Brom. Hear the Prime Minister's Secretary read the decision instead.

The Constitutional Court has scheduled an oral statement. At 3:00 p.m. the meeting convened to discuss and vote before the bench sat down to read the verdict in the case.

In this case, the original 40 members of the Senate (Senators) petitioned through the Senate President. According to the Constitution, Article 170, paragraph three, Article 170, paragraph three, Mr. A request to send the Constitutional Court to decide under Article 82 that the ministerial tenure of Chetha Tavisin has been terminated solely in accordance with the Constitution, Article 170, paragraph one (4). Sections 160 (4) and (5), or not, in the matter of submitting the matter to His Majesty the King, as Minister in the Prime Minister's Office Mr. Appoint Pichit Soonban. Even if they knew or should have known that they lacked qualifications or had prohibited characteristics under the Constitution.

Because he was jailed for 6 months by the Supreme Court in a contempt of court case. A person who acts dishonestly and has conduct that seriously violates or fails to comply with ethical standards is grounds for removal of the respondent from ministerial office in terms of Article 160 (4) (5) of the Constitution. According to the Constitution, Article 170, paragraph one (4), is it linked with Article 160 (4) (5) or not?

Later on May 23, the Constitutional Court voted 6 to 3 to accept the petition for consideration and Mr. It voted 5 to 4 not to order Setha to cease performing her duties as prime minister.

Today's ruling by the Constitutional Court brings Thai politics out of the “dark” state of the 30th prime minister, which has been in limbo for almost three months, academics and political analysts have previously argued. Mr. Setha is heading in the same direction where she has a high chance of escaping the case.

Mr. Setha is seen as the fifth prime minister whose fate will depend on the Constitutional Court's verdict. Since the Constitutional Court was first born in Thailand under the 1997 Constitution, and continues through the 2007 and 2017 Constitutions, two Prime Ministers had to leave their posts because of the Constitutional Court's decision: Mr. Samak Sundarvej, the 25th Prime Minister, was disqualified from the post of Prime Minister. Because he was hired as a host for a food program also known as “The Shim Boy Complaint Case” in 2008 and the 28th Prime Minister, Mrs. Yingluck Shinawatra, had to fall from her chair. 2013 “Case of Illegal Transfer of NSC Secretary General”

Mr. Setha, aged 62, “survives” the disqualification case. He will continue to perform his duties. He has a long travel schedule planned for other provinces. There will also be another cabinet reshuffle, which the administration has already hinted will happen in September.

But Mr. If Setha “does not survive” he is immediately removed from his post. Also unable to act as Prime Minister again, First Deputy Prime Minister and Commerce Minister Mr. As for the Cabinet (Cabinet), the “Chetta” will be the acting Cabinet until a new Prime Minister and a new administration are appointed.

The 31st Prime Minister will be chosen by a plebiscite in the House of Representatives. There are no members of the Senate (Senators) to ratify.

If a person wants to be the new prime ministerial candidate, their name should be on the prime minister's list. Political parties with not less than 5% MPs or 25 MPs or more votes in the House of Representatives currently have 7 members from 5 parties.

Prime Minister's Reason “Chedha 1/1” Cabinet reshuffle, Mr. Setha has to face political karma since Pichit Sunban was “upgraded”.

Since the formation of the first cabinet, Mr. Pichit's name appears in the list of ministers, but he survived until then. He did not take office then to reduce pressure on the government. The PAD party has recently been successful in organizing “crossbreeding” that it has led.

Meanwhile the Secretariat of the Council of Ministers (SLOC) has written to the State Council Office (SEC) on legal issues related to the qualifications and prohibited characteristics of ministers, particularly under Article 160 (6), Article 98 (7) and Articles 160 (7) of the Constitution of the SKK on 1 September 2023. There was a follow-up letter that day, in which Mr. Mr. Pichit said the idea of ​​the order was to explain to the community that Pichit was not unfit – no. Characteristics that prevent him from being a minister “because the decree is passed”.

On June 25, 2008, Mr. Pichit was convicted of contempt of court by the Supreme Court and sentenced to six months in jail. His team brought a bag of 2 million baht in cash to give to the Supreme Court Executive for the criminal prosecution program for political office holders. The 23rd former prime minister was the first defendant and Kuning Bodjaman, his wife (at the time), was the second defendant during a corruption case involving the purchase of land in the Ratchatabisek area in what was dubbed the “2 million baht snack bag case”.

Mr. Mr. Pichit to be included in the cabinet. As Setha moves forward, it becomes a problem to attack him.

The BBC would like to summarize the trajectory of the Thai case as follows:

27 Apr In the party quota, Mr. There was a royal order to appoint a “Cheta 1/1” cabinet consisting of Pichit Suenban.

15 May 40 Senators petitioned the Senate President. Defendant no. 1 Mr. Setha Tavisin and defendant no. 2 Mr. To request the Constitutional Court to explain the ministerial qualifications of Pichit Sunban.

16 May The Office of the Constitutional Court “Accepts Administrative Requests” before taking them for consideration by the Constitutional Court Tribunal.

21 May Mr. Pichit submitted his resignation letter from his post. Minister in the Prime Minister's Office This will be effective immediately. At one point in the resignation letter it is said “so that the country can move forward. And it will not affect the administration of the Prime Minister's government, which should go forward continuously.

23 May The Constitutional Court accepted the petition by a ratio of 6:3. (Minority Justices Mr. Nakarin McDryrath, President of the Constitutional Court, Mr. Udom Rathamarit and Mr. Sumed Raikulsaron) and voted 5:4 not to order the defendant (Mr. Setha) to stop training while awaiting the Constitutional Court. Make up your mind.

Mr. The Constitutional Court voted 8:1 not to accept the request for review of Pichit's case. Because being a minister is over. (Minority Justice Mr. Udom Siddiviratham)

12 June Setha continued for the second time with the court directing the Constitutional Court to submit a list of witnesses by June 17 to consider the Prime Minister's case.

17 June The parties submit a list of evidence to the court. The respondent (Mr. Setha) sent the name of one additional witness, Ms. Nadjari Anantash, Secretary General of the Cabinet. As for the complainant side (40 senators), they submitted the names of 3 witnesses namely Mr. Somsai Savengkarn, Mr. Direkrit Jenklongtham and Mr. Praban Kunmee.

18 June The Constitutional Court meeting continued for the third time to consider the Prime Minister's case, the court directed the concerned agencies or persons to prepare opinions and submit copies of documentary evidence as per the issues mentioned by the Constitutional Court to be submitted to the court within 15 days for the consideration and decision of the court.

10 July Setha resumed the Constitutional Court meeting for the fourth time to consider the Prime Minister's case as the court sought additional information and was awaiting clarifications and evidence from the entity or person previously summoned by the Constitutional Court. And hearing scheduled on 24 July 2024.

24 July Setha resumed the Constitutional Court session for the fifth time to consider the Prime Minister's case, and the court found that the case was a question of law and there was sufficient evidence to consider and decide. So the investigation was stopped. And if the parties want to issue a statement closing the case, they must submit it in writing to the Constitutional Court by July 31 and set a date for voting and hearing a decision on August 14.

July 31st The parties submitted written closing statements to the Constitutional Court. As for the PM's closing statement, he says he has a business background. Has political experience and limited public administration He has no academic background in law and political science, and Mr. It cannot be determined that Bichit lacks qualifications or possesses qualities debarring him from holding the office of Minister Respondent No. 2, which is the fault of the President. At that time Mr. Pichit was appointed minister. Still, there is no decision by the Constitutional Court regarding the fault of the President, and therefore the respondent No. 1 is considered an accessory offence. So can't come along.”

14 Aug. The Constitutional Court convened a consultative meeting. and voted at 9:30 a.m. and made an appointment to hear the result at 3:00 p.m.

Source: BBC Mother, news documents from the Constitutional Court Office and a summary of information published by various media.