Serial petitioner Ruangkrai Leekitwattana is continuing his crusade against Move Forward Party leader Pita Limjaroenrat, this time asking the Election Commission to seek a Constitutional Court ruling on Mr Pita's eligibility to be an MP.
Mr Ruangkrai said he sent his request to the EC by express mail on Tuesday.
The EC on Monday endorsed all 500 MPs-elect, in both constituency seats and on party lists. This means Mr Pita has been an MP since the general election on May 14.
According to Mr Ruangkraii, there are sufficient grounds for the EC to act under paragraph four of Section 82 of the 2017 constitution and seek the Constitutional Court's ruling whether Mr Pita had lost his MP status under Sections 101 (3) and 98 (3) of the constitution, he said.
Paragraph four of Section 82 states that if the EC is of the opinion the membership of an MP or a senator has terminated, it may refer the matter to the Constitutional Court for a decision.
On receiving the matter for consideration, if there are reasonable grounds, the Constitutional Court may order such person to cease his or her duties until the court makes a decision. When the decision has been made, the court would notify the House of Representatives or the Senate of its ruling.
In the case the court rules that the person's membership has terminated, he or she would leave office from the date of cessation of the performance of duties. This would not affect any action performed by the person prior to leaving office.
Mr Ruangkrai had earlier submitted a complaint to the EC, demanding Mr Pita be disqualified from the May 14 election. He claimed Mr Pita was not eligible to run because he allegedly held 42,000 shares in iTV, a de-listed media company.
Mr Pita said he only managed the shares as part of his dead father's estate and they have been transferred to other heirs.
Mr Ruangkrai said the constitution's Section 98 (3) prohibits owners or shareholders of media firms from running in elections.
However, the EC earlier decided not to accept the complaint by Mr Ruangkrai, and two other similar complaints, on the grounds they were filed after the qualifications of the election candidates had already been examined and approved.
The commission has instead set up a committee to investigate whether Mr Pita applied to run on the party list despite knowing he might not have been eligible. That would be a violation of Section 42 (3) and Section 151 of the organic law on the election of MPs.
