Despite the Constitutional Court’s dismissal of a treason complaint filed against the Pheu Thai Party and its patriarch, former Prime Minister Thaksin Shinawatra, the Election Commission of Thailand (ECT) says that it will continue its investigation into accusations against Pheu Thai.

Sawang Boonmee (Photo from the Election Commission of Thailand)

According to Thai News Agency, ECT secretary-general Sawang Boonmee said that the complaint was filed under the Organic Act on Political Parties, giving the ECT jurisdiction to rule whether a party has broken the law and should face dissolution. In contrast, the complaint filed with the Constitutional Court concerned the misuse of rights and liberties to undermine the democratic regime with the King as head of state under Section 49 of the Constitution, an issue for the Constitutional Court. As the issues are not the same, the ECT plans to proceed with its investigation despite the Constitutional Court’s dismissal.

As an example, Sawang noted that the ECT previously rejected a treason complaint accepted by the Constitutional Court against the Move Forward Party because it has no authority to consider cases relating to the exercise of rights and liberties. However, it accepted a complaint that followed the Court's ruling because it involves the issue of whether the party has broken the law on political parties.

Krit Euawong, one of Pheu Thai’s legal advisors and a consultant to Prime Minister Office’s Minister Jiraporn Sindhuprai, told Matichon Online that the party is not concerned. He said that the complaint is related to an accusation of political domination under Sections 28 and 29 of the Organic Act on Political Parties. The ECT is just doing its job, he said, and Pheu Thai will be ready to explain themselves once they have been informed of the charges. Business will continue as usual, he said, but the party will have to be careful about legal issues and prohibitions.

Sections 28 and 29 of the Organic Act on Political Parties prohibit individuals who are not members of a political party from dominating it in a manner that undermine the independence of the party or its members. Parties which violate Section 28 face dissolution.

Pheu Thai and Thaksin have previously been accused of attempting to undermine the democratic regime with the King as head of state by conservative lawyer Theerayut Suwankesorn, whose earlier petition against the Move Forward Party led to its dissolution. The complaint was dismissed by the Constitutional Court last Friday (22 November) due to lack of evidence.

The complaint concerned several allegations that Thaksin exerted undue influence over Pheu Thai, including by calling high-ranking members of the government coalition to a meeting at the Shinawatra’s Chan Song La residence to discuss the nomination of a new Prime Minister following the disqualification of former Prime Minister Srettha Thavisin.

Theerayut’s complaint is one of at least 19 complaints filed against Pheu Thai, Thaksin, and his daughter, Paetongtarn Shinawatra, since she became Prime Minister some three months ago. Theerayut initially filed a complaint with the Office of the Attorney General (OAG) in September 2024. He later took the complaint to the Constitutional Court when the OAG failed to take action in 15 days.

This prompted the Court to request information on what steps had been taken by the OAG and what evidence had been collected. The OAG then provided the Court with testimonies from both the plaintiff and defendants, informing the Court that it had dismissed the complaint on the grounds that the actions in question did not constitute treason.