Election Commission to seek Move Forward’s dissolution

Move cites Constitutional Court’s finding on party’s lese majeste policy

The Election Commission on Tuesday resolved to ask the Constitutional Court to dissolve the election-winning Move Forward Party, citing the court’s recent finding against the party’s policy on the lese majeste law.

The EC said in its statement issued on Tuesday that the decision was unanimous.

The Move Forward Party has a policy to amend Section 112 of the Criminal Code, known as the lese majeste law, which it says is being misused for political purposes.

Based on the recent finding of the Constitutional Court, the EC argues that the MFP is in violation of Section 92 of the organic law on political parties. The section gives the Constitutional Court the power to  dissolve any political party that is seen to threaten the constitutional monarchy.

The Constitutional Court agreed unanimously on Jan 31 that the MFP must cease all attempts to amend the lese majeste law, and that campaigning on the issue is considered an attempt to overthrow the constitutional monarchy.

The court found that the party’s plan to amend the royal defamation law showed “an intent to separate the monarchy from the Thai nation, which is significantly dangerous to the security of the state”.

Move Forward’s proposed amendments included the requirement that a complaint must be filed by the royal household itself, along with reduced sentences. 

As they read out their opinions, the judges pointed to past actions of Pita Limjaroenrat, the former MFP leader, and the party, including moves to propose amendments to Section 112, participate in campaigns with groups opposing Section 112, and their actions in applying for bail for lese majeste suspects.

The court said that Mr Pita and the party tried to either change or revoke Section 112 when its 44 MPs submitted a bill to amend Section 112 on March 25, 2021.

According to the court, the bill was aimed at lowering the status of the royal institution because it required the Bureau of the Royal Household to file lese majeste complaints. Consequently, the institution would be placed in direct opposition to members of the public in defamation cases.

That would be against the constitutional principle that elevates the royal institution above any political issues, because the royal institution is a pillar of national security, the judges said.

The court also said that Mr Pita and the party continued to call for the amendment of Section 112 during election campaigning last year. It was a campaign policy.

MFP won the May 14, 2023, general election, getting 14.4 million votes, but was unable to form a coalition government. Now it is the main opposition party. The Pheu Thai Party, which finished second, leads the present coalition government.

MFP spokesman Parit Wacharasindhu said on Tuesday that the party would defend itself in the court, and it had already made preparations in the event it was disbanded.