The court ruled 6 to 3 votes that Varathep was not disqualified under Article 182 (3) and Article 174 (5) of the Constitution.
Varathep oversaw the two- and three-digit lottery scheme when he was deputy finance minister during the Thaksin government
The Supreme Court’s Criminal Division for Political Office Holders convicted Varathep of offences and sentenced him to a suspended two-year jail term.
A group of 24 senators requested the court ruling on whether Varathep should be disqualified under Article 182 (3) and Article 174 (5) of the Constitution.
The court reasoned that the two articles would be enforced only on those who have really been jailed, not those who have received only suspended jail term.