The Constitutional Court has affirmed the legitimacy of its Aug 29 ruling on Paetongtarn Shinawatra as prime minister in a serious ethical misconduct case linked to the leaked controversial conversation between her and Cambodian Senate President Hun Sen.
Twenty Pheu Thai Party MPs have petitioned the House speaker to forward their concerns to the Constitutional Court, questioning the legality of the ruling.
Led by chief government whip Visuth Chainaroon, the MPs argued that judge Panya Udchachon, whose term had already expired, should not have taken part in the deliberation that later removed Ms Paetongtarn from office on Aug 29.
On the same day of the ruling, a royal command was issued appointing Sarawut Songsivilai as Mr Panya's successor.
According to the MPs, once the appointment was formalised, Mr Panya should not have participated in deciding such a critical case.
Although the 2018 organic law on Constitutional Court procedures allows outgoing judges to remain until successors officially assume office, the Pheu Thai MPs insisted the rule should not apply when the case involves the tenure of a sitting prime minister.
Responding to Pheu Thai's move, a source in the Constitutional Court clarified that newly appointed judge Sarawut had not yet taken the oath of office and therefore could not participate in the case involving Ms Paetongtarn on Aug 29.
The source added that the royal command had not been published in the Royal Gazette at the time, meaning the existing panel continued to operate under the provisions of the organic law on Constitutional Court procedures.
According to Section 16 of the Constitution, judges must take a formal oath before assuming duties; until that happens, a newly appointed judge cannot participate in the deliberation of cases, said the source, stressing that the ruling against Ms Paetongtarn remains valid.
Pheu Thai's petition further pressed the court to explain why the promulgation of the royal command was delayed, suggesting the timing may have enabled Mr Panya to take part in the ruling.