National Anti-Corruption Commission (NACC) member Wicha Mahakun said there was sufficient evidence to prove that the two accused could be deemed to have performed their duty dishonestly, abused their authority, and violated the ethical code.
However, Nikom can still perform his duty as the NACC has yet to decide whether or not to indict the two accused. The NACC will ask Somsak and Nikom to acknowledge the charges on January 10.
The resolution came after a meeting of the commission. They listened to the testimony of six witnesses and considered documents from the Constitutional Court and Parliament, including those of the complainants, he said.
The agency will conclude the fate of the remaining 381 former MPs, including caretaker Prime Minister Yingluck Shinawatra, and senators, who proposed the charter amendment draft, on January 7.
The Constitutional Court earlier ruled against the amendment.