THE Constitutional Court yesterday disbanded the Thai Raksa Chart Party for nominating a member of the Royal Family, Princess Ubolratana, as its candidate for prime minister, ruling that such a move “might undermine” the Thai constitutional monarchy system, which placed the monarchy above politics.

The court ruled unanimously to dissolve the party under Article 92 of the 2017 Constitution and voted 6-3 to ban the party’s executive members from politics for 10 years while also barring them from setting up a new political party.

Princess Ubolratana, the elder sister of His Majesty the King, who has relinquished her royal status since 1972, had accepted Thai Raksa Chart Party’s invitation to be its lone candidate for prime minister.

The charter court, however, ruled that Ubolratana remained a royal at functions involving the monarchy since the reign of her father, the late King Rama IX.

Thai Raksa Chart, a major ally of former prime minister Thaksin Shinawatra, had argued that it had proposed the name of the prime minister candidate with her consent in accordance with the current constitution.

Election Commission Secretary General, Jurangvit Phumma (C) arrives at the Constitutional Court in Bangkok on March 7, 2019, before a court ruling on Thai Raksa Chart party. // AFP PHOTO

However the Election Commission (EC) revoked her nomination on February 8, the same day her application was submitted, after HM the King issued a royal command pointing to her royal status. The EC later petitioned the charter court to dissolve the party, accusing it of undermining the so-called “democratic regime with the monarch as the head of state”.

While the military-sponsored 2017 Constitution has no clear clause prohibiting members of the Royal Family from entering politics, the nine charter court judges referred to the tradition and norm since the 1932 revolution to bar persons at the level of Royal Highness in the royal hierarchy from taking part in elections.

The amendment of the principle during the reign of King Rama VIII in 1946 did not change the spirit of the norm in subsequent constitutions, judge Nakarin Mektrairat said.

The 1932 revolution paved the way for Thailand’s change from an absolute monarchy to constitutional monarchy and gave special status to the monarchy institution, placing it above politics, said Nakarin, a former scholar who wrote a book on the 1932 revolution.

The monarchy has traditionally reigned, but not ruled, over the Kingdom and acted as the revered institution in Thai governance for a long time. The Royal Family’s entry in politics would take away the neutrality of the monarchy, the judge said.

The Royal Family must not be brought to become a part of any political faction so that the monarchy can remain at the centre of the heart of the nation, he said.

Thai Raksa Chart, set up on November 7, is only four months old. Though the party had obtained the rights and freedom granted by the Thai constitution, exercising that right must be based on an awareness that it will not destroy Thai norms and values,” said Nakarin, and added such actions should not consequently pose any threat to the regime.

As the party’s political decision to nominate a Royal Family member for prime minister could be deemed a threat to the constitutional monarchy system, the court ruled to ban its executive members from politics for 10 years, rather than impose a life ban as widely expected.

The dissolution of the party also raises questions about the legality of its candidates contesting the March 24 election. The party has fielded candidates in 175 constituencies and 108 in the party list. These candidates might be disqualified for not being members of a political party for more than 90 days before polling day, as required by the law.

He raised questions about the ruling’s possible impacts on the political rights and freedom of candidates contesting the March 24 general election, as well as those of voters who are their supporters.

“We at Thai Raksa Chart have good intentions and have never thought of harming the country. Although our electoral rights have been revoked, we can still do good for the country in other ways,” a teary-eyed Preechaphol said, his voice shaking as he spoke to a throng of media representatives.

About 40 supporters of the party were allowed to attend the verdict reading in the Constitutional Court yesterday. The number of party supporters present was far lower than expected, after hundreds of police personnel were deployed at court premises to maintain peace.

Chartchai na Chiangmai, a member of the Constitution Drafting Commission, said he did not think the ruling would lead to street protests as had been feared. And he did not expect any negative effects on the upcoming national vote as a result of the verdict. “The court judgement was based on evident facts and relevant legal principles,” Chartchai said.

Noppadon Kannikar, director of the Super Poll survey agency, also said he did not think the party’s dissolution would affect the election or the political situation.

He expected Thai Raksa Chart supporters to transfer their votes to other parties with a “similar ideology”, namely Pheu Thai, Future Forward, Seree Ruam Thai and Puea Chart.

“Although the disbandment has occurred just weeks before the election, I don’t think there will be any violence. Right now, Thais very much want to vote,” Noppadon said.

Kalin Sarasin, chairman of the Thai Chamber of Commerce, also saw no impact from the party’s dissolution on the economy or domestic investment. “I believe the election process will continue without any interruption,” he added.

Meanwhile, Thai Raksa Chart’s candidates yesterday said they had to stop their campaigning following the court verdict. Many candidates and their staff members reacted to the news with tears.

Samai Sai-onta, a party candidate in Khon Kaen province, said his team members were dejected but offering moral support to one another.

“We are sad but we have to fight on although there will be no more campaigning,” he said.

The politician pointed to the “lost rights” of the candidates, saying they had to suffer for something that was not their fault. He added that each candidate had spent at least Bt300,000 on campaigning.

Worasuda Sukharom, a Thai Raksa Chart candidate in Kanchanaburi province, yesterday called on the party’s supporters to “cast their votes” in favour of any other party in “the democratic camp” now that Thai Raksa Chart was out of the fray.

Deputy Prime Minister Wissanu Krea-ngam, who is in charge of the government’s legal affairs, said Thai Raksa Chart candidates had to stop their campaigning immediately. Any votes for the party in the election would be considered void, he added.

Thai stock prices were higher at close yesterday following the court verdict.

The Stock Exchange of Thailand (SET) Index closed at 1,633.21, up 7.70 points from a day earlier with trade volume at Bt38.62 billion.

As the SET Index rose, institutional and individual investors bought record volumes of shares worth Bt355 million and Bt748 million, respectively. On the same day, proprietary and foreign investors recorded net sales worth Bt533.3 million and Bt569.8 million, respectively.

The court also banned all 14 members of the party’s executive board from politics for 10 years, ruling that they will not be allowed to play any part in forming a new party during this period.

Despite relinquishing her royal status in 1972, Princess Ubolratana – the older sister of His Majesty the King – continues working as a member of the Royal Family, attending royal ceremonies as well as representing the monarchy. Hence, the court said, the princess is an insuperable part of the institution.

Submitting her name as a candidate for the premier’s post undermines the “above politics” status of the monarchy, the court said.

The court added that the party has committed an act that could be seen as damaging to the crown.

Thai Raksa Chart is seen as a key political ally of former prime minister Thaksin Shinawatra.

MORE THAN a thousand security officials will be deployed today as the charter court is set to rule on the case for dissolution of the Thai Raksa Chart Party, which found itself in hot water after proposing Princess Ubolratana as its candidate for prime minister in the coming election.

The embattled party’s core leader, Chaturon Chaisang, urged its supporters to closely monitor the verdict by the Constitutional Court through the media. Police yesterday ruled that media could not attend courtroom proceedings today in order to prevent possible chaos.

The party, which is regarded as a political ally of former premier Thaksin Shinawatra, was charged with undermining the constitutional monarchy system after it proposed a member of the Royal Family as its PM candidate.

Over 1,000 police to be deployed The authorities are expected to deploy 1,200 police today to maintain security in the court compound, as well as set up checkpoints at a distance of 500 metres – out of range of M79 grenade launchers – to prevent possible attacks on the court by people with bad intentions, deputy police chief Srivara Ransibrahm-anakul said.

Some 70 closed-circuit surveillance cameras as well as radio communication networks were installed in the court compound to help officials handle security work, he added.

Thirty-two representatives of the party and members of the Election Commission (EC) will be allowed in the courtroom to hear the verdict today. Media representatives will be allowed to monitor the judgement via closed-circuit television outside, Srivara said.

Police have received no requests from the embattled party or its supporters to gather in the area, Srivara said and stressed, “those who want to be present in the court should behave in accordance with the laws”. Party leader Chaturon posted on Facebook that he would attend the court’s reading of the verdict today but expected limited courtroom seating.

“Those who are interested in the court verdict, may I recommend that they follow the news from the media. They don’t need to gather at the court to show their support for the party. There could be some interference [from unknown parties],” he posted.

Princess Ubolratana’s nomination for PM was revoked by the EC after a Royal Command from the HM the King on February 8. The command said that although the princess had relinquished her royal status in 1972, she remained for royal functions an immediate member of the Royal Family.

The princess, who is the eldest sister of the King, should refrain from direct involvement in politics to maintain the status of the monarchical institution as being “above politics”, according to the command.

The party rejected the charge made against it by the EC, arguing that the nomination was constitutional, as it had received her permission in writing in advance.

There will be no hearing or oral testimony today and the final judgement will be read based on evidence previously submitted to the court. If the party were to be found guilty and dissolved, its 14 executive members would be banned from politics for life.

Chaturon and many other party members who are not executive members would be off the hook legally, but the party’s MP candidates could be disqualified from taking part in the election, as they are required to be a member of a political party for at least 90 days before polling day.

The party has 108 members on its party list and 143 constituency candidates are running in the March 24 election.

After chairing a meeting at Government House on Wednesday morning, Prayut said with a smile that he will continue coming to work “as usual” and not help campaign for the party in the lead-up to the March 24 election poll.

Prayut was selected by Phalang Pracharat Party as its sole candidate for premier. Leading party executives were former Cabinet ministers in his government.

The party had earlier said that Prayut would speak from the party’s stage in Nakhon Ratchasima, which was his birth province.

However the plan has been changed for fears that his appearance and statements could potentially violate the election laws, as Prayut remains in his prime ministerial seat and is also the chief junta leader.

A source close to Prayut also revealed that Prayut will not travel to Nakhon Ratchasima to join the campaign in any way this weekend, and is also not scheduled to participate in the Bangkok campaign as he wished to fully recover from a recent cataract operation.

A second party source confirmed that party plans to have Prayut take the stage in its nationwide election campaign had been called off. After discussion and careful consideration of the pros and cons, the party concluded that it might not be worth the risk, said the source.

The party would, however, use General Prayut to help campaign in Bangkok, but in an informal way so as to avoid violating any laws.

Earlier party plans including a strong campaign presence for Prayut as its candidate for prime minister. The initial idea was to have Prayut participate nationwide, including taking the stage in the party’s four key regions for vote getting, starting with his birthplace, Nakhon Ratchasima, this Sunday.

However, Prayut yesterday expressed concern over participating, saying that it exposed him to the risk of being targeted by opponents.

“After we discussed the pros and cons, we came to the conclusion that it might not be worth it. So we [the party leadership] will stick to presenting our policies to voters,” the source said.

The source added that they would, however, use General Prayut to help campaign in Bangkok instead, but in an informal way to avoid violating any laws.

The party had earlier planned to have Prayut, its candidate for prime minister in the upcoming general election, to participate in its campaign nationwide and take the stage in four main regions, starting this Sunday in Nakhon Ratchasima as the province is his birthplace.

However, Prayut yesterday expressed concern over participating in his affiliate party’s election campaign, saying that it exposed him to the risk of being targeted by his opponents.

Pheu Thai is forecast to win 136 MP seats from all 350 constituencies, dominating the North and Northeast, and likely to take all the seats up for grabs from many provinces in the two regions that still have faith in the party’s patriarch, former prime minister Thaksin Shinawatra.

The Democrat Party is expected to trail way behind in second place, tipped to win 88 seats mainly from its traditional strongholds in the South and Bangkok.

The pro-junta Phalang Pracharat Party, which has nominated Prime Minister General Prayut Chan-o-cha as its only PM candidate, is forecast to win the third most number of House seats – 62 – mainly from the North and Northeast. Many Phalang Pracharat candidates in those constituencies are former MPs from Thaksin’s proxy parties – the now-defunct Thai Rak Thai and People’s Power, and Pheu Thai.

The top three are expected to be followed by Bhumjaithai Party, with 31 House seats, Chartthaipattana (12), Thai Raksa Chart (seven), Chart Pattana (six), Action Coalition for Thailand (four), Prachachart (two), and Peau Chat and Thai Forest Conservation (one each).

Future Forward Party, which is viewed as the darling of young voters, is unlikely to win any seats from constituencies. Its chance rests with the party-list electoral system. The outlook is bleak despite the popularity of the party’s leader, wealthy businessman-turned-politician Thanathorn Juangroongruangkit.

The Nation Election analyses comes from local journalists of the Nation Group, based on their unofficial surveys of eligible voters and insights gained from all 350 constituencies.

In the previous completed general election in 2011, Pheu Thai won a clear majority, with 204 House seats from 375 constituencies. The Democrats came a distant second, with 115 House seats, followed by Bhumjaithai (29) and Chartthaipattana (15). Three other parties won a combined 12 seats.

The next Lower House will have 500 seats – 350 from constituencies and 150 from the party-list system. For the first time in Thailand, only one ballot paper will be used for each voter to elect MPs from both constituency and party list, under a mixed-member proportional representation electoral system.

Pheu Thai will likely continue to dominate the Northeast, which has the most number of House seats – 116. The party’s expected victory in 67 constituencies, however, will be far lower than the 104 in the 2011 election. Its candidates are expected to sweep all the House seats in Nakhon Phanom, Bueng Kan, Mukdahan, Yasothon, Si Sa Ket, Sakon Nakhon, Nong Khai, Nong Bua Lamphu and Udon Thani provinces.

Other House seats in the region are likely to be shared mainly by Phalang Pracharat (25) and Bhumjaithai (13).

In the Central region, which has 92 House seats this time, no single party will be able to dominate. Pheu Thai is expected to win 25 MP seats, followed closely by Phalang Pracharat (23), Democrats (17), Bhumjaithai (13), and Chartthaipattana (10).

However, in the North, Pheu Thai looks set to dominate again. The defending champions are expected to win as many as 36 of the 62 available seats. They will likely be followed by Phalang Pracharat (13), Democrats (seven), Thai Raksa Chart (three), Bhumjaithai (two) and Chart Pattana (one).

The South, which has 50 seats up for grabs, will likely remain a stronghold of the Democrats, who won in 50 out of 53 constituencies in the 2011 election. This time, the Democrats are expected to win 40 House seats. The 10 remaining seats are expected to be shared by Action Coalition for Thailand (four), Bhumjaithai (three), Prachachart (two) and Phalang Pracharat (one).

The Democrats have the potential to sweep all House seats in Nakhon Si Thammarat, Trang, Phang-nga, Phatthalung, Phuket, Songkhla and Surat Thani provinces.

In the capital, the Democrats will likely dominate again. They have the potential to win 22 out of the 30 House seats, leaving the remaining eight to arch rivals Pheu Thai.

Other parties are unlikely to have much of a chance in Bangkok, which has been a battlefield for the Democrats and Thaksin’s parties. But the Democrats have dominated the city’s elections since Thaksin’s first party Thai Rak Thai contested in 2001.

In response to the party’s plan to have Prayut, its candidate for PM in the upcoming general election, take the stage at its rallies, the premier said he needed to consult his legal team about what he could or could not do.

“I have to be more careful. I know that many people plan to sue me or target me [for supposedly violating certain laws.] So, please feel for me and don’t be too hard on me,” he told the media during a press conference after the weekly Cabinet meeting.

There could be a way for him to meet the public without violating the laws, he added.

A source from Phalang Pracharat Party said that it was likely Prayut would choose to not appear on any stage of the party. Prayut’s visits to constituencies in order to meet voters will be considered on a case-by-case basis.

Having the premier appear on-stage at party election events could result in attacks by other parties and affect Phalang Pracharat’s popularity in the lead-up to voting day, the concerned source said after a party meeting of key figures yesterday.

“So, we think he should not take the stage. He actually has [his own] channels to communicate with voters,” said the source. Phalang Pracharat is planning a rally this Sunday in Nakhon Ratchasima province and is expecting a large crowd. The party had asked Prayut to appear on the stage alongside local constituency candidates, as the province is Prayut’s birthplace. The Election Commission [EC] earlier ruled that the premier can participate in the election campaign due to his affiliation with the party, despite his multiple and continuing roles in government and criticisms that state resources could be misused.

Meanwhile, an activist group led by Anurak Jentawanit aka “Ford Red Path”, a red-shirt supporter, yesterday submitted a letter to the EC requesting the agency investigate and remove Prayut from the PM’s candidate lists on the grounds that he is disqualified because of his status as a state official.

The group also asked the EC to dissolve Ruam Palang Prachachat Thai Party (Action Coalition for Thailand Party) of Suthep Thaugsuban and the People’s Reform Party of Paiboon Nititawan.

The group said that both Suthep and Paiboon were prosecuted by the Office of the Attorney-General on treason and terrorism charges over their involvement in 2013-14 political protests. The acts were hostile to the democratic system with the King as the head of state, the group said.

Regarding the selection process for the new 250 senators, Prayut, speaking as head of the National Council of Peace and Order (NCPO), insisted they would come from different sectors. “I will be the last person who decides [who will be chosen as senators]. Don’t worry. I will not take sides. I want the country peaceful and stable and with no conflicts,” he said.

Of the 250 senators, the junta body will pick 194 senators from 400 names nominated by a selection committee chaired by Deputy Prime Minister and Defence Minister Prawit Wongsuwan.

Another six senators will come from chiefs of the Armed Forces based on their positions. Another 50 senators, will again be chosen by the NCPO from 200 senators elected under a process overseen by the EC. The new senators will play an |important role in electing the next prime minister.

In response to the party’s plan to have Prayut, its candidate for PM in the upcoming general election, take the stage in its rallies, the premier said he needed to consult his legal team about what he could or could not do.

“I have to be more careful. I know that many people plan to sue me or target me [for supposedly violating certain laws.] So, please feel for me and don’t be too hard on me,” he told the media during a press conference after the weekly Cabinet meeting.

Phalang Pracharat will hold a major rally in Nakhon Ratchasima this Sunday, and asked Prayut to take part as the province is his hometown.

The Election Commission earlier ruled that the premier could participate in such events despite his current status in the government.

THE ELECTION Commission (EC) has accepted a petition seeking the dissolution of Future Forward Party (FWP) and summoned the mover of the petition, social activist Srisuwan Janya, for an initial hearing tomorrow.

Srisuwan is accusing FWP of lying about its leader Thanathorn Juangroongruangkit being a two-term president of the Federation of Thai Industries (FTI).

The misleading information appeared on the party’s official website for nearly half a year, according to Srisuwan, and did not explain that Thanathorn had merely been chief of one of the FTI chapters.

Srisuwan reasoned when he approached the EC late last month that this could mislead voters about Thanathorn’s credentials and encourage them to support him.

The social activist said the EC should ask the Constitutional Court to disband the FWP for what he characterised as dishonesty.

Publication of erroneous information violates the MP-election law and is punishable by a jail sentence of one to 10 years or a fine of Bt20,000 to Bt200,000.

The court could also deprive the wrongdoers of their suffrage rights for 20 years.

Meanwhile, the EC ruled that junta leader General Prayut Chan-o-cha can participate in the election campaign due to his affiliation with the Phalang Pracharat Party, despite his multiple and continuing roles in government and concerns that state resources could be misused.

Opponents of Prayut’s nomination as a PM candidate argue that, as a state official, he should maintain neutrality in the run-up to the election and desist from taking part in Phalang Pracharat’s campaigning.

Hitting the campaign trail

Following the nod from the EC, Prayut will make his campaign debut at a political rally in his home province of Nakhon Ratchasima province on Sunday.

Deputy Prime Minister Wissanu Krea-ngam said yesterday that Prayut was indeed a state official but he was also a political figure and hence eligible for the nomination.

Wissanu, however, cautioned Prayut against participating in rallies during his normal working hours as PM and to be careful in his public remarks. Prayut is legally bound to remain non-partisan and must make sure he doesn’t misuse state resources for electioneering with Phalang Pracharat, the deputy PM said.

In a related development, Prayut yesterday dropped his latest saccharine pop ballad on the Thai public, pining for the “democratic path” nearly five years after he seized power from the country’s previous elected government.

A former Army chief who wants to return as a civilian premier after the March 24 polls, Prayut has since seizing power in 2014 penned several ditties intended to inspire the nation.

“New Day”, released on YouTube, captures the famously gruff 64-year-old general in a reflective mood.

“We are looking for a new day in Thailand’s history … towards the democratic path,” says the pop number sung by two soldiers.

“A ‘New Day’ for Thailand is coming so we can solve the mistakes of the past.”