The Election Commission (EC) resolved on Wednesday to recommend Move Forward leader Pita Limjaroenrat's status as a member of the House of Representatives be terminated because of his past shareholding in iTV, and asked the Constitutional Court for a final ruling.
The EC said its decision was based on Sections 101(6) and 98(3) of the constitution, which set out the qualifications required of candidates for election to the House, and criteria for the termination of an MP's status.
The criteria for candidacy include a ban on holding shares in a media organisation.
The case involves Mr Pita's past holding of 42,000 shares in iTV. Mr Pita has argued that the shares were inherited from his father, that he managed them only as executor of his father's estate and ownership had since been transferred to relatives.
The Constitutional Court on Wednesday accepted the EC's petition but did not say when it would issue a ruling. If it agrees with the poll body, it can suspend Mr Pita from the House pending its decision.
In its statement on Wednesday, the EC said it spent more than three days examining opinions and a report from its own fact-finding committee into the matter.
After the resolution was passed on Wednesday morning, EC chairman Ittiporn Boonpracong signed a letter and assigned an official to immediately deliver it to the Constitutional Court.
The poll agenciy's move could influence voting by members of parliament when they meet in joint session to elect the new prime minister on Thursday.
The EC earlier received several complaints about Mr Pita’s eligibility for political office because of his past shareholding in iTV. Anyone who runs in a general election while knowing he is unqualified is liable to a penalty that includes imprisonment, a fine and a political ban.
Losing his status as an MP would not prevent Mr Pita standing for office when the joint parliament meets on Thursday to vote on who should be the country's new prime minster. The successful candidate requires a majority of the combined membership of 500 members of the House and 250 senators, or 376 votes of support.
