Constitutional Court defends ruling that ousted Paetongtarn as PM
Judges dismiss Pheu Thai claims over expired term and oath of office dispute
Thailand’s political storm intensified today after the Constitutional Court stood firm on its decision to oust ex-Prime Minister Paetongtarn Shinawatra, rejecting claims that the ruling was invalid due to a judge’s expired term.
The court confirmed that its August 29 verdict, which removed Paetongtarn over alleged ethical misconduct linked to a leaked conversation with Cambodian Senate President Hun Sen, remains legally binding.
But the controversy shows no sign of easing. A bloc of 20 Pheu Thai MPs, led by chief government whip Visuth Chainaroon, petitioned House Speaker Wan Muhamad Noor Matha to relay their concerns back to the court. They argue that Judge Panya Udchachon, whose tenure had ended on the day of the ruling, should not have participated in such a high-stakes case.
On Friday, August 29, a royal command appointed Sarawut Songsivilai as Panya’s successor. The MPs insist that once the appointment was made, Panya should have stepped aside, especially given the gravity of removing a sitting prime minister.
Although the 2018 organic law on Constitutional Court procedures permits outgoing judges to remain until successors take office, Pheu Thai MPs claim this safeguard should not apply when the premiership is at stake.
A Constitutional Court source pushed back, stressing that Sarawut had not yet taken the oath of office, meaning he was not legally entitled to participate. The source also noted the royal command had not been published in the Royal Gazette at the time, leaving Panya within his rights to deliberate under existing provisions.
Section 16 of the Constitution requires judges to take a formal oath before assuming duties. Until this ceremony is completed, a newly appointed judge cannot join case discussions.
“The ruling against Paetongtarn is valid,” the court insider said, shutting down speculation of a possible reversal.
The Pheu Thai petition also demanded clarity over why the royal command’s promulgation was delayed, suggesting the timing may have been engineered to allow Panya’s involvement, reported Bangkok Post.
The dispute now threatens to further polarise Thailand’s already tense political landscape, with critics accusing the court of bending constitutional norms while government supporters cry foul over what they see as judicial overreach.
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