Into the judicial jaws: People’s Party leaders face a familiar fate

The core opposition People’s Party will stare into the same judicial jaws that claimed its two predecessors on Friday (April 24). The Supreme Court is set to rule on whether to accept a petition against dozens of its key “orange movement” politicians – a decision that could decapitate the party.

The case was brought on April 9 by the National Anti-Corruption Commission (NACC). In February last year, the NACC indicted 44 former MPs from Move Forward – the People’s Party’s predecessor – on charges of breaching ethical standards by sponsoring a 2021 motion to amend the lese majeste law.

Severe allegations

The NACC petition claims their actions constituted a threat to the kingdom’s security and the dignity of the head of state. “Although proposing legislation is a right under the Constitution, it must remain within the framework of the supreme law,” the petition states.

The NACC also noted that the accused submitted the motion while serving as Move Forward MPs in February 2021, despite receiving a warning of impropriety from the Secretariat of the House of Representatives.

“The NACC views this as a malicious act aimed at undermining the monarchy and overthrowing the democratic system with the King as head of state, causing widespread and severe damage to the nation,” reads the petition.

Citing Article 235 of the Constitution and other relevant laws, the NACC has made four requests to the Supreme Court:

- Suspend the 10 incumbent MPs among the 44 defendants, pending the final verdict in this case.

- Order them to be removed from their positions.

- Impose a lifelong political ban on all 44 defendants.

- Revoke their voting rights for 10 years.

Likely consequences

Of the 44 ex-Move Forward lawmakers targeted, 10 remain in the lower House as sitting People’s Party MPs. They include party leader Natthaphong Ruengpanyawut and deputy leaders Sirikanya Tansakun, Rangsiman Rome, Wayo Assawarungruang, and Pakornwut Udompipatskul.

Some of the accused are no longer lawmakers but retain executive positions or key roles in the party, such as deputy leader Wiroj Lakkhanaadisorn.

Others have since left the party or been banned from politics. These include Move Forward ex-leader Pita Limjaroenrat and former deputy House speaker Padipat Suntiphada.

Pita is among Move Forward executives banned for 10 years after the Constitutional Court dissolved the party in August 2024 for campaigning against the lese majeste law.

Analysts say the People’s Party – the third incarnation of an “orange movement” birthed in 2018 by the Future Forward Party – will suffer severely if the 10 MPs are suspended during the court trial. The defendants are figureheads in the opposition camp, often leading debate on important issues in Parliament.

Analysts believe a guilty verdict would wipe out almost an entire generation of People’s Party leaders, leaving the party rudderless.

A further worry for the People’s Party is that its chief, Natthaphong, has yet to be officially appointed as opposition leader. Under the Constitution, that role must go to the leader of the party with the largest number of MPs who hold no ministerial position or serve as the House speaker or deputy speaker.

House Speaker Sophon Saram, who is responsible for nominating the opposition leader for royal endorsement, said last week that he was awaiting confirmation from the People’s Party regarding Natthaphong’s leadership status. He spoke as speculation grew over a potential leadership reshuffle at a People’s Party general meeting scheduled for this weekend.

The expectation is that Natthaphong will be replaced by Veerayooth Kanchoochat, currently a deputy party leader and list MP. Veerayooth is a close friend of Future Forward founder Thanathorn Juangroongruangkit, who has retained his influence over the party’s reincarnation despite holding no executive posts due to a 10-year political ban.

Possible scenarios

Observers see three possible outcomes on Friday: The Supreme Court could reject the NACC petition, accept the case for trial, or order the agency to revise its petition.

If the petition is accepted, the court will decide whether to suspend the accused MPs. Some analysts believe suspension is highly likely, pointing to previous similar cases where the court removed political officeholders.

However, People’s Party deputy leader and legal expert Wayo believes the third option – an order to revise – is the most likely, given what he calls “serious flaws” in the petition.

The People’s Party, which came second behind Bhumjaithai in the February 8 general election, argues that the indicted MPs were acting within their legal authority to propose new laws.

Previous cases

However, many analysts are convinced that the 44 former MPs have little chance of being spared in this case, judging from past Constitutional Court verdicts against Move Forward.

In January 2024, the Constitutional Court ordered Move Forward to halt all attempts to abolish or amend Article 112 (the lese majeste law) through “any illegitimate legal procedure”. The court ruled that the reformist party’s 112 campaign threatened to undermine the Thai monarchy and could thus be deemed an attempt to overthrow the state.

Article 112 prescribes up to 15 years in jail for individuals found guilty of defaming, insulting, or threatening the monarchy in Thailand.

Lawyer Theerayut Suwankesorn brought the original case in July 2023, accusing the party and its then-leader Pita of seeking to overthrow the constitutional monarchy and requesting an order to halt their actions.

The resulting order triggered the Election Commission (EC) to petition the charter court, accusing Move Forward of undermining the country’s democratic system with the King as head of state – an offence punishable by dissolution of the party and political bans for its executives.

Move Forward strongly denied the allegations and argued that the court had no jurisdiction to rule on a case involving legislative matters. It also asserted that the EC had ignored due process by not allowing it to defend itself before submitting the petition.

However, the court delivered a guilty ruling and ordered Move Forward to be disbanded in August 2024. It also banned 11 party executives from political involvement for 10 years, including its chief adviser Pita and his successor as leader, Chaithawat Tulathon.

Following the court verdict, the NACC began its investigation into the 44 former Move Forward MPs to determine if their acts breached ethical standards. The probe later led to their indictments and the petition to the Supreme Court.