Constitutional Court rejects petition accusing Anutin and Natthaphong of using MOA to overthrow government

The Constitutional Court on Wednesday unanimously ruled not to accept a petition alleging that Bhumjaithai Party leader Anutin Charnvirakul and People’s Party leader Natthaphong Ruengpanyawut had conspired to overthrow the democratic system with the King as Head of State.

The petition, filed by Niyom Nopparat under Section 49 of the Constitution, claimed that the two leaders had jointly drafted a Memorandum of Agreement (MOA) for MPs of the People’s Party to endorse Anutin as prime minister while Natthaphong served as opposition leader, as part of a plan to amend or rewrite the Constitution outside the proper procedures stipulated in Chapter 15.

The petitioner alleged that this constituted an improper acquisition of executive power based on party mandates, prior exchange of benefits, and an agreement binding MPs’ freedom — thereby violating Section 114 and amounting to an attempt to overthrow the constitutional democratic order under Section 49.

The petition was first submitted to the Attorney-General, who concluded that the actions of both politicians did not violate Section 49. The Attorney-General stated that there was no evidence showing use of rights or freedoms to overthrow the constitutional monarchy. The petition was therefore rejected.

After deliberation, the Constitutional Court found that the MOA between the two party leaders was merely a political negotiation and declaration of intent.

The Court ruled that there was no factual basis or admissible evidence indicating that either respondent had used their rights or freedoms to overthrow the democratic regime with the King as Head of State. The case therefore did not meet the requirements under Section 49.

The Court therefore unanimously dismissed the petition. As the case was not accepted for consideration, all associated requests automatically lapse.