The Constitutional Court did not accept a petition for interpreting the status of MP ‘Sira’, a fraud case.
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On Jan. 7. Constitutional court Meeting for consultation on the case where the President of the House of Representatives submitted a request to the Constitutional Court to decide according to Section 82 of the Constitution that Mr. Sira Jenjaka’s MP membership Has the termination of Section 101 (6) in conjunction with Section 98 (10) or not in the case of Mr. Sira had to be sentenced by the Pathumwan District Court to commit an offense of fraud According to Section 341 of the Criminal Code
In which 50 MPs, the nominees submitted the petition, saw that the results of the aforementioned lawsuit were final. Make Mr. Sira a person with prohibited characteristics under Section 98 (10) constitution, causing the membership of MPs to terminate according to the constitution or not? And asked for an order for Mr. Sira to stop performing his duties Later, Mrs. Anurak Boonson and Mrs. Arporn Sarakham, MP of Pheu Thai Party, submitted an additional request dated 29 December 2020. Request to withdraw the name from the nominated candidate in such case And requesting to receive a request for withdrawal of the said name for supporting the decision of the Constitutional Court
By the Constitutional Court considering the facts according to the request Additional requests And supporting documents and seeing that Filing a petition under section 82 paragraph one of the constitution stipulates the number of MPs who have the right to petition to the President of the House of Representatives that the membership of the MPs has ended that It must be not less than one-tenth of the total number of the existing members of the House of Representatives.
When the fact that While submitting the request and the additional request The House of Representatives has 487 MPs and later the petitioner filed an additional petition. Informed to the Constitutional Court that there were 2 MPs requesting to withdraw their names from the nomination of nominations, resulting in the number of MPs who entered their names to only 48, which is less than one-tenth of the total number of members. As far as the existence of the House of Representatives as provided by the Constitution, Section 82, paragraph one, so This petition is not subject to the rules and conditions of the Constitution, Section 82, paragraph one, therefore, the petition is rejected for consideration.
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