Pita survives media shareholding case
Court says iTV was not a functioning media business, affirms MP status of former Move Forward leader
January 24, 2024
The Constitutional Court has ruled that Pita Limjaroenrat, the former leader of the election-winning Move Forward Party, did not hold shares in a media business when he applied to run for office last year, and his MP status remains intact.
The court stated on Wednesday that iTV Plc had ceased to be a media organisation in March 2007 when the government revoked its broadcasting licence for failure to pay concession fees.
The nine-member panel ruled 8-1 that Mr Pita did not violate the regulation prohibiting MPs from owning shares in media companies. The lone dissenter was Nakharin Mektrairat, a former professor of political science at Thammasat University. He also served as the secretary-general of the Constitution Drafting Assembly in 2014 and 2015.
A few minutes after the ruling, Mr Pita posted a photo on Facebook of himself and Move Forward leader Chaithawat Tulathon offering a wai, with a message saying: “Thank you for all your support. I’ll move forward and keep working, no more waiting.”
There has been speculation that Mr Chaithawat would hand the Move Forward leadership back to Mr Pita, who stepped aside last year pending the resolution of his court case.
However, Mr Pita told reporters that a leadership change was not on the agenda of the party at the moment, adding that his MP role would depend on the party whips. He also said he would continue to visit people as planned.
Mr Pita held 42,000 shares in iTV, or 0.0035% of the company's total, as the executor of the estate of his late father, their original owner. He transferred the shares to relatives last year after the holding was revealed.
The law that prohibits MPs from holding shares in a media business was intended to ensure that they could not unduly influence news coverage.
The judges said in their ruling that even if Mr Pita had held one share, he could have been guilty if iTV were a functioning media business. But they concluded that it was not, despite apparent attempts by opponents of Mr Pita to prove otherwise.
The court said that iTV remained a business entity only because it is still involved in a legal dispute with the government over unpaid concession fees, and it did not have any revenue from any media services.
Last year a video was leaked of an iTV shareholders’ meeting at which a company executive appeared to answer in the affirmative when asked a question about its media business. However, further investigation and the official minutes of the meeting showed that the company had no media activities or media-related revenue.
The Election Commission nonetheless brought the complaint to the Constitutional Court, even after an EC inquiry panel recommended that it drop the charge that Mr Pita violated Section 151 of the Election Act. That section states that a candidate who applies to run as an MP while knowing that he might be in violation of election rules — in this case, holding shares in a media company — would face disqualification.
The Constitutional Court suspended Mr Pita as an MP on July 19 last year when it accepted the complaint from the EC. On the same day, the joint House and Senate sitting voted to reject his renomination for prime minister. He had lost an earlier premiership vote the week before.
The Move Forward Party won the May 14, 2023, election with 151 House seats but it failed to form a government because the second runner-up Pheu Thai Party, which had 141 seats and was its former coalition ally, instead teamed up with 10 other parties and secured 320 votes in the 500-member House.
Mr Pita is now in the clear but the Move Forward Party faces another major challenge next week. The Constitutional Court on Jan 31 will rule on whether the party’s policy to amend Section 112 of the Criminal Code, the lese-majeste law, represents an attempt to overthrow the constitutional monarchy. Such a finding could set in motion a move to dissolve the party.
The case was filed on July 12, 2023 by lawyer Thirayuth Suwannagasorn. He is best known for representing Phra Buddha Isara, a monk who was a key agitator in the Bangkok Shutdown protests that led to the 2014 military coup. He was later defrocked and is now known as Suwit Thongprasert.
https://www.bangkokpost.com/thailand/po ... lding-case
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Pita returns as MP as charter court rules iTV not media since 2007
by THE NATION
January 24, 2024
The Constitutional Court on Wednesday reinstated Pita Limjaroenrat as Move Forward Party MP after it ruled that iTV Plc had not been a media firm since March 7, 2007.
The Office of the Constitutional Court announced that the majority of judges had dismissed the request of the Election Commission to disqualify Pita as an MP under Article 101 of the Constitution for holding shares in a media firm. Eight of the nine judges voted in favour of Pita. Only one judge, Nakarin Mektrairat, voted against Pita.
The EC alleged that Pita applied to run in the May 14 general election although he held shares in iTV, a media firm, which is prohibited under the charter.
The court ruled that although iTV had been a media firm under a contract with the secretariat of the PM’s Office since 1995, the secretariat had cancelled the contract on March 7, 2007.
The judges said that iTV had also informed the Social Security Office on March 8, 2007 that it no longer had staff because its operations were suspended following the cancellation of the contract.
The court said iTV had not been in the media business since then and its subsidiaries had also ceased operations. Also, its financial statements showed that its media revenue was zero and other revenue came from interest.
The court further explained that although iTV was set up with a business goal of serving as a media firm, its financial statement from 2017 to 2022 clearly showed that it had ceased media operations since the cancellation of the contract by the secretariat.
The court added that after the contract was cancelled, the broadcast frequency was returned to the PM’s Office and iTV could no longer operate as a TV station.
The court noted that the cancellation and revocation of the frequency allocation prompted iTV to sue the secretariat and the lawsuit is pending in the civil court.
The court said even if iTV wins the lawsuit, it will not be given back the broadcast frequency and it cannot operate as a TV station again so the court ruled that iTV had no right to function as a media firm since March 7, 2017.
The court said iTV had maintained its legal status only for handling the lawsuit and for receiving revenue from stock investments and for receiving interest, not for media operations.
The court said when Pita filed his nomination for contesting the general election, iTV did not have any media operation so Pita’s holding shares in iTV could not be grounds to bar him from being an MP candidate. Therefore Pita’s MP status would not be terminated as requested by the EC, the judges concluded
Meanwhile, Constitutional Court president Worawit Kangsasitiam said the court had not dragged its feet in the case and the ruling should have been made 60 days earlier.
However, both the EC and Pita sought an extension of the hearing time by 30 days each for presenting their side of information.
https://www.nationthailand.com/thailand ... s/40034976
Don't count out Pita just yet
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Gaybutton
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Gaybutton
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Re: Don't count out Pita just yet
While I truly believe Thailand's Prime Minister Srettha is a qualified, capable man sincerely trying to do a good job, and so far for the most part is succeeding, the fact is he was not elected by the people. Pita was. I'm glad the court ruled in his favor. I think eventually, assuming he continues to be the man the majority of the people want, Pita will become Prime Minister.
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Court clears Pita of iTV shares charges
January 24, 2024
The Constitutional Court has cleared the former leader of the Move Forward party, Pita Limjaroenrat, of the charge that he contested in last year’s election while holding shares in a media company.
The Court ruled that iTV is no longer a media business; therefore, Pita’s holding of shares in iTV did not violate the Constitution and the electoral law.
This means that Pita will retain his MP seat and the ruling paves the way for him to make a political comeback after he was suspended from performing his legislative duties since last July.
Speaking shortly before the ruling, Pita said if he was cleared from the charge he would consult with House Speaker Wan Muhamad Noor Matha as to when he should resume his MP’s duties.
The political drama against Pita, who was the prime ministerial candidate of Move Forward Party, started in May last year when the Election Commission accused him of holding 42,000 shares in iTV Plc, which is registered as media business, when he filed his candidacy in the election.
Article 98 of the Constitution states that owners or share-holders of newspapers or other media businesses are prohibited from being candidates in House elections
The EC put forward the case to the Constitutional Court, which later agreed to consider the case and ordered a temporary suspension of Pita from parliament.
In his defence, Pita insisted that iTV was no longer active as a media business and that the shares he was holding were inherited from his father and that he was only acting as their manager.
https://www.thaipbsworld.com/court-clea ... s-charges/
He also argued that the amount of his iTV shares was negligible and did not give him control over its operation.
https://www.thaipbsworld.com/court-clea ... s-charges/
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Court clears Pita of iTV shares charges
January 24, 2024
The Constitutional Court has cleared the former leader of the Move Forward party, Pita Limjaroenrat, of the charge that he contested in last year’s election while holding shares in a media company.
The Court ruled that iTV is no longer a media business; therefore, Pita’s holding of shares in iTV did not violate the Constitution and the electoral law.
This means that Pita will retain his MP seat and the ruling paves the way for him to make a political comeback after he was suspended from performing his legislative duties since last July.
Speaking shortly before the ruling, Pita said if he was cleared from the charge he would consult with House Speaker Wan Muhamad Noor Matha as to when he should resume his MP’s duties.
The political drama against Pita, who was the prime ministerial candidate of Move Forward Party, started in May last year when the Election Commission accused him of holding 42,000 shares in iTV Plc, which is registered as media business, when he filed his candidacy in the election.
Article 98 of the Constitution states that owners or share-holders of newspapers or other media businesses are prohibited from being candidates in House elections
The EC put forward the case to the Constitutional Court, which later agreed to consider the case and ordered a temporary suspension of Pita from parliament.
In his defence, Pita insisted that iTV was no longer active as a media business and that the shares he was holding were inherited from his father and that he was only acting as their manager.
https://www.thaipbsworld.com/court-clea ... s-charges/
He also argued that the amount of his iTV shares was negligible and did not give him control over its operation.
https://www.thaipbsworld.com/court-clea ... s-charges/
Re: Don't count out Pita just yet
According to the Bangkok Post, the EC plans to dissolve his party.
A sensitive topic, probably not for discussion here.
https://www.bangkokpost.com/thailand/po ... issolution
A sensitive topic, probably not for discussion here.
https://www.bangkokpost.com/thailand/po ... issolution
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Gaybutton
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Re: Don't count out Pita just yet
Yes, I think we had better leave this one alone. Relevant news articles, rather than discussion, are fair game for posting. We'll just have to wait and see how it plays out.
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Gaybutton
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Re: Don't count out Pita just yet
It will certainly be interesting to see how this eventually plays out. I believe sooner or later Pita will become Thailand's Prime Minister. Personally, I think Srettha is doing a good, competent job and he is sincerely trying, but that does not alter the fact that he was placed in office by a group of senators whereas the people overwhelmingly voted for Pita and apparently still favor him.
Also, there now is the complication as to how Thaksin might affect Thailand's politics and whether he will, or even wants to, be an influential figure.
Meanwhile, so far none of this has had any effect on farang expats or requirements. The only new requirement I'm aware of is Pattaya immigration insisting the TM-30 receipt is in expat passports. I don't know if any other immigration offices are also requiring it. But that did not come from the Prime Minister's office. Also, not a word yet about the income tax brouhaha.
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Pita strongly favoured for PM, Srettha's popularity slips in Nida poll
Support for Move Forward also up, but Pheu Thai down
March 24, 2024
Election-winning Pita Limjaroenrat comfortably led other politicians suitable to be prime minister in a Nida poll that showed the slipping popularity of Prime Minister Srettha Thavisin.
The chief advisor to the Move Forward Party garnered the endorsement of 42.75% from respondents in the quarterly survey released on Sunday, slightly up from 39.40% in the previous poll.
His popularity was due to his enthusiasm, straightforwardness, leadership and representation of the new breed of politicians, according to the poll.
Mr Pita, who won the most recent election but was blocked from becoming prime minister by the junta-appointed Senate, led Mr Srettha by a whopping 24 percentage points. Mr Srettha received 17.75% of the vote, a signifcant fall from the the 22.35% he received in the December poll. Supporters credited him for "his knowledge, abilities and experience in economics," the pollsters said.
Pheu Thai Party leader Paetongtarn Shinawatra lagged far behind in the prime ministerial favourite stakes. Her popularity was virtually unchanged over the past three months, receiving the suppport of a meagre 6% of respondents, compared with 5.75% in the previous edition.
The youngest daughter of former prime minister Thaksin was seen by her supporters as a candidate who possesses leadership, has positive attitudes and represents a new generation of politicians, according to the survey.
Other politicians mentioned by the respondents in the survey for best prime ministerial candidate included Pirapan Salirathavibhanga of the United Thai Nation Party, Khunying Sudarat Keyuraphan of the Thai Sang Thai Party, Anutin Charnvirakul of the Bhumjaithai Party and Gen Prawit Wongsuwon of the Palang Pracharath Party. All received meager support to be the government leader, ranging from 3.55% to 2.45%.
Nida poll, carried out by the National Institute of Development Administration, asks opinions on the popularity of politicians and parties every quarter. Its sample was 2,000 participants eligible to vote representing all generations, careers and regions of Thailand.
Move Forward saw its support rise to 48.45% from 44.05% in the previous survey, while rival Pheu Thai moved in the opposite direction, with 22.10% support compared with 24.05% in the December version.
The main opposition party is battling a legal threat to its existence after the Election Commission asked the Constitutional Court to disband it after the court ruled that its campaign to soften the lese majeste law was equivalent to an intention to undermine the constitutional monarchy. Move Forward's predecessor party, Future Forward, was also disbanded by the courts.
Other parties receiving support in the survey but with no significant percentages were United Thai Nation, Democrat, Palang Pracharath, Bhumjaithai and Thai Sang Thai.
https://www.bangkokpost.com/thailand/po ... -nida-poll
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Big jump in popularity of Pita and Move Forward, NIDA Poll shows
by THE NATION
March 24, 2024
Former Move Forward Party leader Pita Limjaroenrat and his party topped 2024’s first popularity rating survey by NIDA Poll.
The National Institute of Development Administration (NIDA) carried out the survey from March 11 to 13 among 2,000 respondents at least 18 years old, from around the country. The survey results were announced on Sunday.
The respondents were asked to pick a politician they wanted to become the prime minister now. Up to 42.75% picked Pita, who comfortably beat both Prime Minister Srettha Thavisin and Pheu Thai Party leader Paetongtarn Shinawatra.
When asked which party they would vote for if an election were held now, nearly half – 48.45% – of the respondents chose Move Forward.
Since the last survey in December 2023, Pita’s popularity has risen from 39.40% to 42.75% while Srettha’s popularity has dropped from 22.35% to 17.75%.
Move Forward’s popularity rating also rose from 44.05% in December to 48.45% while Pheu Thai’s dropped from 24.05% to 22.10%.
The top five PM’s choice of the survey respondents:
Pita: 42.75%
No satisfied choice: 20.05%
Srettha: 17.75%
Paetongtarn: 6%
Pirapan Salirathavibhaga, United Thai Nation Party leader: 3.55%
The top five parties the respondents said they would vote for now:
Move Forward: 48.45%
Pheu Thai: 22.10%
No satisfactory choice: 12.75%
United Thai Nation: 5.10%
Democrat Party: 3.50%
https://www.nationthailand.com/thailand ... s/40036670
Also, there now is the complication as to how Thaksin might affect Thailand's politics and whether he will, or even wants to, be an influential figure.
Meanwhile, so far none of this has had any effect on farang expats or requirements. The only new requirement I'm aware of is Pattaya immigration insisting the TM-30 receipt is in expat passports. I don't know if any other immigration offices are also requiring it. But that did not come from the Prime Minister's office. Also, not a word yet about the income tax brouhaha.
_________________________________________________________
Pita strongly favoured for PM, Srettha's popularity slips in Nida poll
Support for Move Forward also up, but Pheu Thai down
March 24, 2024
Election-winning Pita Limjaroenrat comfortably led other politicians suitable to be prime minister in a Nida poll that showed the slipping popularity of Prime Minister Srettha Thavisin.
The chief advisor to the Move Forward Party garnered the endorsement of 42.75% from respondents in the quarterly survey released on Sunday, slightly up from 39.40% in the previous poll.
His popularity was due to his enthusiasm, straightforwardness, leadership and representation of the new breed of politicians, according to the poll.
Mr Pita, who won the most recent election but was blocked from becoming prime minister by the junta-appointed Senate, led Mr Srettha by a whopping 24 percentage points. Mr Srettha received 17.75% of the vote, a signifcant fall from the the 22.35% he received in the December poll. Supporters credited him for "his knowledge, abilities and experience in economics," the pollsters said.
Pheu Thai Party leader Paetongtarn Shinawatra lagged far behind in the prime ministerial favourite stakes. Her popularity was virtually unchanged over the past three months, receiving the suppport of a meagre 6% of respondents, compared with 5.75% in the previous edition.
The youngest daughter of former prime minister Thaksin was seen by her supporters as a candidate who possesses leadership, has positive attitudes and represents a new generation of politicians, according to the survey.
Other politicians mentioned by the respondents in the survey for best prime ministerial candidate included Pirapan Salirathavibhanga of the United Thai Nation Party, Khunying Sudarat Keyuraphan of the Thai Sang Thai Party, Anutin Charnvirakul of the Bhumjaithai Party and Gen Prawit Wongsuwon of the Palang Pracharath Party. All received meager support to be the government leader, ranging from 3.55% to 2.45%.
Nida poll, carried out by the National Institute of Development Administration, asks opinions on the popularity of politicians and parties every quarter. Its sample was 2,000 participants eligible to vote representing all generations, careers and regions of Thailand.
Move Forward saw its support rise to 48.45% from 44.05% in the previous survey, while rival Pheu Thai moved in the opposite direction, with 22.10% support compared with 24.05% in the December version.
The main opposition party is battling a legal threat to its existence after the Election Commission asked the Constitutional Court to disband it after the court ruled that its campaign to soften the lese majeste law was equivalent to an intention to undermine the constitutional monarchy. Move Forward's predecessor party, Future Forward, was also disbanded by the courts.
Other parties receiving support in the survey but with no significant percentages were United Thai Nation, Democrat, Palang Pracharath, Bhumjaithai and Thai Sang Thai.
https://www.bangkokpost.com/thailand/po ... -nida-poll
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Big jump in popularity of Pita and Move Forward, NIDA Poll shows
by THE NATION
March 24, 2024
Former Move Forward Party leader Pita Limjaroenrat and his party topped 2024’s first popularity rating survey by NIDA Poll.
The National Institute of Development Administration (NIDA) carried out the survey from March 11 to 13 among 2,000 respondents at least 18 years old, from around the country. The survey results were announced on Sunday.
The respondents were asked to pick a politician they wanted to become the prime minister now. Up to 42.75% picked Pita, who comfortably beat both Prime Minister Srettha Thavisin and Pheu Thai Party leader Paetongtarn Shinawatra.
When asked which party they would vote for if an election were held now, nearly half – 48.45% – of the respondents chose Move Forward.
Since the last survey in December 2023, Pita’s popularity has risen from 39.40% to 42.75% while Srettha’s popularity has dropped from 22.35% to 17.75%.
Move Forward’s popularity rating also rose from 44.05% in December to 48.45% while Pheu Thai’s dropped from 24.05% to 22.10%.
The top five PM’s choice of the survey respondents:
Pita: 42.75%
No satisfied choice: 20.05%
Srettha: 17.75%
Paetongtarn: 6%
Pirapan Salirathavibhaga, United Thai Nation Party leader: 3.55%
The top five parties the respondents said they would vote for now:
Move Forward: 48.45%
Pheu Thai: 22.10%
No satisfactory choice: 12.75%
United Thai Nation: 5.10%
Democrat Party: 3.50%
https://www.nationthailand.com/thailand ... s/40036670
Re: Don't count out Pita just yet
How does Pita get past the mainly unelected Senate and the unelected Electoral Commission, which is going to dissolve his party ? (For a matter that we're not going to discuss)
What examples do you see of Srettha doing a good job?
I don't see any sensible policies in several critical areas.
He does appear to be trying to give Suvarnabhumi Airport a much needed boot up the arse, but after that, I don't see much. I expect you follow this far more closely than I do.
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Gaybutton
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Re: Don't count out Pita just yet
I have no idea, but obviously the Thais hope eventually he will prevail.
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travelerjim1
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Re: Don't count out Pita just yet
https://www.ilaw.or.th/articles/20706
Thai Senate Terms END in May 2024.
ALL Senators terms end.
Who are the new Senators?
The new batch of Senators consists of 200 members selected from 20 social and professional groups, with 10 members from each group. These groups comprise a mix of professionals in private and public sectors, as well as identity-based groups such as women and persons with disability. If an aspiring candidate is eligible in more than one group, they have the liberty to pick a group to apply.
Thai Senate Terms END in May 2024.
ALL Senators terms end.
Who are the new Senators?
The new batch of Senators consists of 200 members selected from 20 social and professional groups, with 10 members from each group. These groups comprise a mix of professionals in private and public sectors, as well as identity-based groups such as women and persons with disability. If an aspiring candidate is eligible in more than one group, they have the liberty to pick a group to apply.
Re: Don't count out Pita just yet
I quite like the idea of a Senate with 10 members from 20 professional groups.travelerjim1 wrote: ↑Tue Mar 26, 2024 6:00 pm The new batch of Senators consists of 200 members selected from 20 social and professional groups, with 10 members from each group. These groups comprise a mix of professionals in private and public sectors, as well as identity-based groups such as women and persons with disability.
This means they ought to get a diverse range of skills, including, for example, people with experience of industry.
Having a few Engineers ought to be far better than the having a government stuffed full of graduates in Politics, Philosophy and Economics (as seems to be the case in the UK).
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KeithAmbrose
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