Charter court ruling due tomorrow in Phumtham Senate selection case

The Constitutional Court is expected to issue a ruling on Wednesday in a case in which former acting prime minister Phumtham Wechayachai and former justice minister Tawee Sodsong are accused of interfering with the Election Commission in its investigation into the 2024 Senate election scandal.

Phumtham and Tawee, in their capacities as members of the Special Case Board of the Department of Special Investigation (DSI), are accused by a group of senators of ordering the DSI to investigate alleged collusion in the Senate election involving 138 senators, 91 other individuals, and several executives of the Bhumjaithai Party.

The accusing senators claim that Phumtham and Tawee abused their positions, constituting a serious violation of ethical standards under Sections 160 (4) and (5) of the Constitution, which could result in their removal from political office.

However, both men have already lost their cabinet positions after the Pheu Thai–led government under then prime minister Paetongtarn Shinawatra was replaced by a Bhumjaithai-led government.

Despite this, the Constitutional Court voted 6–2 to continue the legal proceedings in the public interest and to set a precedent that ministers accused of ethical violations may still face legal action even after leaving office. The court ruled that such cases will not be automatically dismissed and that proceedings may continue regardless of the accused’s current political status.

Phumtham is currently ranked 100th on the Pheu Thai Party’s party-list of candidates. Legal experts say the court’s ruling will not affect his election bid if he is found guilty of abuse of authority; however, he would be barred from holding a cabinet post.

As for Tawee, his senatorial accusers have also petitioned the National Anti-Corruption Commission (NACC) to investigate him, along with other members of the DSI’s Special Case Board, for alleged malfeasance in office related to the Senate election scandal.