An Election Commission (EC) fact-finding committee is expected to wrap up its inquiry into an alleged violation of the organic law on the election of MPs by Move Forward Party (MFP) leader Pita Limjaroenrat within its set deadline.
The panel had 20 days to examine claims that Mr Pita violated Section 151 of the organic law, which penalises people who run in an election while knowing they are unqualified to do so.
EC secretary-general Sawang Boonmee said the probe is close to being completed, and the inquiry committee so far does not see the need to seek to extend the July 3 deadline. The deadline could be extended for up to 15 days if a formal request is made.
Mr Sawang said the committee is authorised to summon Mr Pita as the allegation against the MFP leader is a criminal offence, and the commission will have the burden of proof if it decides to go to court.
Under Section 151, those who apply to run in an election knowing they are not qualified to or prohibited from doing so are liable to a prison term of one to 20 years and a fine of 20,000-200,000 baht. They are also banned from running in an election for 20 years.
The allegation is related to the media share-holding rule. Mr Pita held 42,000 shares in iTV when he registered his candidacy in the May 14 general election.
Mr Sawang said the EC does not have to set up a new panel to consider if it will ask the Constitutional Court to rule under Section 82 of the constitution on Mr Pita's MP status considering his iTV shareholding.
The election commissioners can decide based on the panel's findings looking into his alleged violation of Section 151, he noted.
"The EC will review facts and evidence and make a decision. The process has nothing to do with an (upcoming vote in parliament) to elect a prime minister," he said when asked if the decision will be reached before the prime minister selection is expected mid-next month.
Mr Sawang said his office is reviewing if the MFP has committed other offences related to its policy by seeking to amend the lese majeste law.
The MFP's policy on Section 112 of the Criminal Code, better known as the lese majeste law, is seen by critics as an attempt to overthrow the constitutional monarchy and, therefore, a breach of Section 49 of the Constitution.
Theerayut Suwankesorn, a lawyer, recently submitted a petition to the Office of the Attorney-General, and the Constitutional Court is seeking legal action against the party for trying to forward the Section 112 amendment policy.