Senate showdown: Two factions clash over selection of Independent Agency members

THURSDAY, MAY 22, 2025

All eyes are on the Senate meeting on May 30 as a heated agenda unfolds to approve three National Anti-Corruption Commission (NACC) commissioners and appoint a committee to vet the backgrounds of nominees: one for the Election Commission, two Constitutional Court judges, and one Attorney General.

Meanwhile, the “New Generation” senators are strategising to block the process. Senator Nantana reveals a revised plan to petition the Constitutional Court to remove the “Blue” senators. 

The Senate will hold a special session on May 29–30, 2025, featuring several important agendas. On May 30, a critical agenda is the establishment of a special committee tasked with investigating the backgrounds, conduct, and ethics of nominees for independent organisations, including:

One nominee for the Election Commission: Judge Narong Klunwarin, Chief Justice of the Supreme Court Panel

Two nominees for the Constitutional Court: Pol Capt Sutham Cheurprakobkit, Faculty of Social Sciences and Humanities, Mahidol University, and Sarawut Songsivilai, former Director-General of the Department of Rail Transport

One nominee for Attorney General: Itthiporn Kaewthip, Deputy Attorney General

Additionally, the Senate will consider approving three nominees for the National Anti-Corruption Commission (NACC):

Prakob Leenapesnant, former Chief Justice of the Supreme Court Panel

Piansak Sombathong, Director-General of the Office of the Attorney General

Prachuap Tantinon, former executive of a public company

 

Political Developments: New Generation Senators Revise Strategy

The so-called “New Generation” senators have revised their plan. Initially, they intended to petition the Senate President to submit a case to the Constitutional Court requesting the suspension of 200 senators from duties related to selecting independent organisations. This follows over 100 senators currently under investigation by the Election Commission (EC) for vote collusion scandals, as well as ongoing money laundering and organised crime cases handled by the Department of Special Investigation (DSI).

Recently, Nantana Nantavaropas, a New Generation senator, announced that the petition to the Constitutional Court regarding the termination of senators implicated in vote collusion is complete and currently being signed by 20 senators.

The petition cites constitutional Articles 82, 113, and 114, arguing these senators have lost their status due to political party domination and undue interference by political groups.

Revised Strategy to Target ‘Blue’ Senators

Nantana stated that the evidence is based on publicly available information and media reports. Previously, the petition sought only suspension of duties related to independent organisation selection, but legal review found no provision allowing such action.

“We are now collecting signatures from senators,” she said, “though it’s challenging and may not proceed smoothly. Even if we reach 20 signatures for submission to the Senate President, he is himself under investigation and considered a party to the case. The law does not allow submitting to any other person, so we must wait and see how the Constitutional Court handles this within the nine days before May 30.” She added that many independent senators are abroad, and the New Generation group numbers around 10.

When asked if the petition aims for a full removal of implicated senators, Nantana confirmed the original intent was suspension without removal, but since no law supports that, Article 82 must be invoked for full removal. The petitioners include senators already summoned by the EC investigation panel.

Calls for Fair Investigation by Independent Bodies

Addressing concerns that the EC’s investigation may be a cover-up, Nantana urged independent agencies to conduct fair, transparent, and honest investigations. She emphasised not wanting these bodies to become politically controlled, warning it would be disastrous for the country.

Asked whether the investigation might topple the entire Senate, she said if justice runs its full course fairly, the majority bloc of 138 senators may lose their seats, but there are about 100 reserve senators ready to fill vacancies and maintain quorum. She also acknowledged the need to amend the Constitution to prevent future vote collusion by clarifying senator appointments.

Senate Meeting on May 30: Proposal to Delay Independent Organisation Selection

On May 30, Senator Thewarit Maneechai will submit a motion requesting that the Senate delay urgent proceedings related to selecting members of four independent organisations.

Nantana noted, “This will be difficult as the minority senators rarely succeed in motions before the Senate. Nonetheless, we will do everything possible to block approval of these independent organisation appointments.”

Wannor Throws Responsibility to Senate President to Halt Selection Process

When asked whether the turmoil surrounding senators under Election Commission (EC) investigation for vote collusion would affect Parliament’s functioning, Wan Muhamad Noor Matha, Speaker of the House of Representatives stated that as Speaker, he cannot assess the impact and insists that all matters proceed according to the law and relevant agency procedures. Parliament itself will not be affected.

On demands for the Senate to delay selecting independent agency members due to controversies over senators’ legitimacy, he said that the decision rests solely with the Senate President and will follow legal procedures. It is unrelated to the House of Representatives or Parliament as a whole.

“Natthaphon” Urges Delay in Independent Agency Appointments on May 30

On the same day, Natthaphon Toprayoon, former advisor to the Ombudsman’s Chair, submitted a petition to the EC seeking the dissolution of the Bhumjaithai Party under Section 92(1) of the Organic Act on Political Parties (2017), citing acts aimed at overthrowing the democratic system or illegitimate acquisition of governing power.

He asserted the evidence is clear and verified by the Department of Special Investigation and the EC, proving constitutional violations regarding the undemocratic selection of senators and improper acquisition of governing power.

The Constitution requires senators to be individuals of knowledge, expertise, and social acceptance, ensuring they perform the crucial role of endorsing independent agency members properly. If senators are politically influenced, appointments to independent agencies will be compromised, damaging the democratic monarchy system.

He criticised the past year’s dysfunctional approval process for independent agency members, including the Ombudsman and Constitutional Court, noting senators blocked qualified candidates despite high votes, undermining committee authority and stalling progress. This issue is urgent, and he urged current senators to act responsibly by postponing May 30’s approval of independent agency members pending court rulings. A court decision clearing them would enhance transparency and dignity.