Move Forward makes strong case against dissolution, as verdict looms

Move Forward Party leader Chaithawat Tulathon, together with his chief adviser and former PM candidate Pita Limjaroenrat, on Friday held a press conference to sum up the key points of the closing statement submitted to the Constitutional Court.

The charter court is expected to rule on August 7 on a petition by the Election Commission (EC) seeking dissolution of the party with the most number of seats in the lower House. 

Chaithawat reiterated nine defence points, covering both factual and legal aspects of the dissolution case, asserting that the Move Forward Party maintains:

- The Constitutional Court does not have the authority to accept and adjudicate the petition.

- The submission of this petition is unlawful.

- The Constitutional Court’s ruling 3/2567 is not binding in this case. That case involved the party's campaign proposal to "abolish Article 112", which was used as an election campaign policy in 2023. The court ruled that such actions fall under the category of overthrowing the government and ordered the party to cease these actions.

- Aside from proposing to amend Article 112 of the Penal Code, other actions cited in the petition are not actions of the Move Forward Party.

- The actions alleged by the EC neither constitute an intention to overthrow the democratic system with the King as head of state nor are they actions hostile to the democratic system with the King as head of state.

- The Constitutional Court should not dissolve the Move Forward Party.

- Even if the Constitutional Court orders the party's dissolution, it has no authority to determine the period revoking the executive committee members' electoral rights.

- The revocation period of the executive committee members' electoral rights must be reasonable.

- The revocation of electoral rights should only apply to the executive committee members involved in wrongdoing.

Pita stated that the Move Forward Party believes the democratic system with the King as head of state combines two elements: democracy and the monarchy coexisting.

Protecting the democratic system with the King as head of state cannot be achieved through oppressive power, whether by force or law, he said. Instead, it requires creating a balance appropriate for the era to ensure the system’s stability and sustainability, based on confidence, faith, and the people's consent, he added.

He took a dig at the use of loyalty being used as a political weapon, supporting or linking to coups, both military and legal. He also reiterated that there had been an unprecedented severe enforcement of Article 112.

MPs from the Move Forward Party see the necessity to propose amendments to Article 112 with the intention of restoring good relations between the people and the monarchy in a changing era, Pita said, arguing that this would be a part of maintaining the balance and stability of the monarchy within Thailand's democratic system.

While we cannot overstep or predict the Constitutional Court's decision, what we can do is reaffirm our facts and legal stance, he said. He believes that the Move Forward Party will receive justice, similar to another party that experienced the same situation 14 years ago. He also expressed confidence that the court's considerations will follow universal principles and that the upcoming Asia Conference of the Thai Constitutional Court next month adds to this confidence. 

He said that he was not worried about potential political events this month and believed that the Constitutional Court would rule based on the law and facts, and this case was purely a legal matter.