EC Refers Klatham MP Kongkiat to Constitutional Court over Past Conviction and Ineligibility
The Election Commission has resolved to petition the Constitutional Court to revoke the candidacy and pursue criminal charges against MP Kongkiat Getsombat.
Stock photo for illustration only, not from the actual event
- The Election Commission has moved to petition the Constitutional Court for a red card and criminal charges against MP Kongkiat Getsombat.
- The case stems from his run in the Nakhon Si Thammarat Constituency 8 by-election despite knowing he held disqualifying traits.
- Authorities cited a past 1999 criminal conviction by the Surat Thani Provincial Court for theft.
The Office of the Election Commission published a decisive ruling on August 13, 2026, resolving to submit a petition to the Constitutional Court. The motion requests the revocation of the candidate registration rights of Mr. Kongkiat Getsombat, a winning MP candidate for Nakhon Si Thammarat representing the Klatham Party, alongside initiating criminal proceedings against him.
This controversy originates from the Nakhon Si Thammarat Constituency 8 by-election held on April 4, 2025. The vote was scheduled to fill a vacant seat after the former MP, Mrs. Mukdawarn Luengsrinil from the Bhumjaithai Party, was stripped of her electoral rights for a period of 10 years by the Supreme Court.
Stock photo for illustration only, not from the actual event
Following an in-depth investigation, the Election Commission discovered that Mr. Kongkiat had a finalized criminal record issued by the Surat Thani Provincial Court back in 1999. In that case, the court sentenced him to one year in imprisonment and a fine, which was subsequently reduced to six months with a fine and a two-year suspended sentence.
Constitutional and legal qualifications for parliamentary candidates serve as fundamental guardrails to ensure electoral integrity. Even with a suspended prison sentence, a finalized criminal conviction regarding specific offenses can permanently trigger disqualification under Section 42 (12) of the Organic Act on the Election of MPs, maintaining strict standards for public office holders.
The EC highlighted that during the candidate registration process on April 4, 2025, Mr. Kongkiat explicitly signed a declaration certifying that he possessed all required qualifications and had no prohibited characteristics. Consequently, evidence suggests he knowingly proceeded with his candidacy despite being fully aware of his disqualifying status.
Such actions violate Section 54 and Section 151 in conjunction with Section 42 (12) of the Organic Act on the Election of MPs, while also constituting the offense of providing false statements to officials under Section 137 of the Criminal Code. As a result, his election victory in Nakhon Si Thammarat Constituency 8 has been deemed unfair and dishonest.
Source: Khaosod Politics
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