Move Forward Party Challenges Court's Authority Over Dissolution

[webfact]

 

The opposition Move Forward party plans to challenge the Constitutional Court, arguing that it lacks the authority to dissolve the party or expel its executive committee members from politics for ten years. Pita Limjaroenrat, the former party leader and current chief advisor, announced this bold move on Sunday.

 

The court is set to hear a complaint on Wednesday filed by the Election Commission (EC). The complaint stems from a January 31st ruling by the court, which claimed that the party sought to undermine the constitutional monarchy through its campaign to amend the lèse majesté law.

 

Pita presented a nine-point defence today, challenging both the jurisdiction and authority of the Constitutional Court, as well as the legitimacy of the EC’s complaint. He argued that the court lacks the power to dissolve the party or expel its leaders, as these actions are not granted by the Constitution.

 

According to Pita, the EC’s complaint is also flawed because the Move Forward party was not given a fair chance to defend itself against the charge of attempting to overthrow the monarchy. He contended that the January ruling shouldn't legally bind the current case, as they involve different issues.

 

Pita emphasised that disbanding a political party should be a last resort, reserved for absolute necessity and approached with extreme caution. He asserted that such severe penalties do not protect democracy but rather undermine it.

 

"Political parties play a crucial role in upholding democracy," Pita stated, stressing the importance of Move Forward's continued participation in the political landscape. The case could set a significant precedent for the balance of power between political parties and judicial oversight in the country. 

 

As the hearing approaches, the nation watches closely, aware that the outcome could have profound implications for the future of political freedom and judicial intervention in the legislative process.

 

Picture courtesy: Thai Rath

 

-- 2024-06-10

 

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[spidermike007]

Trumped up charges, by a self appointed administration, the power hungry Thai army, and a monkey court. 

 

Pita is not only the man, but he is also the elected PM. Srettha is anything but. He is an imposter. 

[hotchilli]

Best of luck to him and the MFP.... Thailand needs them

[mfd101]

16 minutes ago, spidermike007 said:

the power hungry Thai army,

The obsession with the Army/military as the source of all evil strikes me as an exaggeration and dangerously off-track.

 

The Army & the generals, along with a feudal system built on tradition, hierarchy & submission, are merely the ultimate instruments used by the plutocrats who regularly bleed the national economy to continue their corrupt rule of the whole nation. If you don't understand who your enemies are, you'll never defeat them.

[dinsdale]

3 hours ago, webfact said:

"Political parties play a crucial role in upholding democracy,"

And here in lies the problem. The only democracy in this country is "a democracy" that fully supports the Monarchy (including Section 112), the Generals and the elites. Any challenge to this will be quelled by the junta's legal apparatus. 

[nobodysfriend]

3 hours ago, webfact said:

to challenge the Constitutional Court, arguing that it lacks the authority to dissolve the party or expel its executive committee members from politics for ten years.

 

The MFP poses a treat to the ruling Elite .

Nobody in a position of ' power ' in the current government will do anything that enables the MFP to contest decisions taken by them .

The only hope left is that the thai voters follow what happens to the party that won the last elections and vote for them , ( or the party that follows after they have been dissolved ) , again when the next elections take place .

MFP will probably become ' dissolved ' and Pita banned from politics for 10 years ...

I hope that they will come back even stronger ...

[dinsdale]

2 minutes ago, nobodysfriend said:

 

The MFP poses a treat to the ruling Elite .

Nobody in a position of ' power ' in the current government will do anything that enables the MFP to contest decisions taken by them .

The only hope left is that the thai voters follow what happens to the party that won the last elections and vote for them , ( or the party that follows after they have been dissolved ) , again when the next elections take place .

MFP will probably become ' dissolved ' and Pita banned from politics for 10 years ...

I hope that they will come back even stronger ...

My fear is the next election is under threat because the military and it's boss knows what the result will be. 

[Tropicalevo]

Go for their throats Pita.

Sue them for slander and abuse of power as well.

[klauskunkel]

4 hours ago, webfact said:

the party sought to undermine the constitutional monarchy

File a lawsuit to dissolve the Election Commission, they have a history of undermining democracy in Thailand.

[dinsdale]

35 minutes ago, klauskunkel said:

File a lawsuit to dissolve the Election Commission, they have a history of undermining democracy in Thailand.

The CC and the EC along with the Constitution are all part of the Junta's apparatus. These are in place to guarantee the protection of the Monarchy, the generals and the elite. It's not about undermining democracy it's about denying it. 

[Srikcir]

5 hours ago, webfact said:

He argued that the court lacks the power to dissolve the party or expel its leaders, as these actions are not granted by the Constitution.

But here is what also might apply: "Organic Act on Political Parties," B.E. 2560 (2017)

• "... have opportunity opened for members to broadly participate in policy determination and the nomination of election candidates, including to have the measures for political parties to be able to perform independent operations without being predominated or instructed by any person that is not a member of political party..." (my italics)

MFP's ability to introduce legislation to the House for discussion and vote should not encumbered by any other political entity, except as provided by the Constitution with regards to legislation such as a vote against MFP's proposed legislation.

It would seem therefore that the Constitutional Court does not have such stated authority to insert itself into Parliament's legislative process. Of course the CC does have the authority to challenge the results of a legislative process, ie., passed into law.

If the Senate can vote on passage of MFP's proposed law as part of the National Legislative Assembly (assuming it passes the House), then in the current political environment it would be unlikely that MFP's proposed legislation will pass into law irrespective of any review by the CC.

[spidermike007]

4 hours ago, mfd101 said:

The obsession with the Army/military as the source of all evil strikes me as an exaggeration and dangerously off-track.

 

The Army & the generals, along with a feudal system built on tradition, hierarchy & submission, are merely the ultimate instruments used by the plutocrats who regularly bleed the national economy to continue their corrupt rule of the whole nation. If you don't understand who your enemies are, you'll never defeat them.

Who regularly bleed the national economy to continue their corrupt rule of the whole nation.

 

Sounds like evil to me. I am not obsessed. I merely despise those fools. 

[ikke1959]

David against Goliath. I hope Pita can break the power of the army and elite, as they are withholding the country and its people from moving forward. Because they will not give up their wealth and profits that should be in fact given to the Thai. Pita has balls to fight them

[Peabody]

MFP's people should prepare all of the machinery needed to launch and advertise a new party immediately upon dissolution by the CC, before a new election is scheduled.

[WHansen]

The dinosaurs are still very affraid of him. Good luck Pita.

[Hunz Kittisak]

7 hours ago, ikke1959 said:

David against Goliath. I hope Pita can break the power of the army and elite, as they are withholding the country and its people from moving forward. Because they will not give up their wealth and profits that should be in fact given to the Thai. Pita has balls to fight them

You said the balls to forget? How do you break the power of the army or even the police for that matter? 
They are the ones holding the guns. Unless those who voted for MFP are ready to die for their votes….only then will they have a chance. 

[englishoak]

Careful what you wish for.

 

Thailand is in many ways unique and thats its appeal to many and has pride in itself most here cannot even understand or why. With almost all Thai people loving their nation regardless of what smart assed westerners say here or think.

 

Contrast it to the west thats culturally ruined and economically failing fast & where most are ashamed of their nation have no pride in or cant wait to get the heck out. 

 

The young  elite are no better than the old crustys, wrapped up in their social media bubbles and tik tok etc chasing made up utopian fantasy's following the heard and propaganda of the western education system and international bodies, that do nothing but ruin a nations Identity over time .. MFP are just young elite sheep being manipulated by outside influence & ideas imported back after being educated mostly aboard in the west  make no mistake. 

 

Better to be Thai and stay uniquely Thai with all the warts  or itll be just another global copy with sun... 

 

[farang51]

15 minutes ago, englishoak said:

Thailand is in many ways unique and thats its appeal to many and has pride in itself most here cannot even understand or why. With almost all Thai people loving their nation regardless of what smart assed westerners say here or think.

By that measure, North Korea is the best country in the world.

[spidermike007]

Thailand is NOT a democracy. Not even close. There are a few very toxic and extremely greedy parties that prevent that. Pita had the right idea. Change and reform are necessary. 

[englishoak]

On 6/10/2024 at 2:01 PM, farang51 said:

By that measure, North Korea is the best country in the world.

 

What measure, patriotism & love for country  as a monarchy  ? Dont be ridiculous there is zero comparison but in your own head.

 

On 6/10/2024 at 9:18 PM, spidermike007 said:

Thailand is NOT a democracy. Not even close. There are a few very toxic and extremely greedy parties that prevent that. Pita had the right idea. Change and reform are necessary. 

 

Correct, its a constitutional Monarchy. Reforms are required yes ofc but i dont believe MFP have those ideas correct or are well placed. Pita was  Educated in New Zealand,  & studied finance in Thailand. He further studied politics and business in the United States. Even Pita himself notes the 2000 U.S had a significant impact on his political views. Ie hes a progressive  left leaning politician  & strongly influenced by western version of democracy  and been riding the populist wave.  However Thailand is not the west thank goodness, far from it. 

 

Western politics do not suit Asia and imo will make things worse with more debt & more dilution of what makes Thailand Thai and no1 for tourism being its so unique in so may ways.   Better to look to Singapore's success and take notes from there or even India the largest democracy on Earth before the western versions which have become tarred and corrupted long ago.  

[farang51]

4 hours ago, englishoak said:

On 6/10/2024 at 3:01 PM, farang51 said:

By that measure, North Korea is the best country in the world.

 

What measure, patriotism & love for country  as a monarchy  ? Dont be ridiculous there is zero comparison but in your own head.

 

The people in North Korea love their leader and country and are much more patriotic than the Thai people.

 

Indoctrination and harsh laws utilised against opposition work very well to achieve that goal. Thailand employs those measures to a higher degree than many other countries; however, North Korea is in a class of its own.

[spidermike007]

5 hours ago, farang51 said:

 

The people in North Korea love their leader and country and are much more patriotic than the Thai people.

 

Indoctrination and harsh laws utilised against opposition work very well to achieve that goal. Thailand employs those measures to a higher degree than many other countries; however, North Korea is in a class of its own.

If you truly believe that tripe, just watch the excellent documentary, Beyond Utopia, Escape from North Korea, which shows people being executed for watching South Korean TV shows on videotape. Nice try.