The first case was brought by Nitithorn Lamlua and Nakhon Chompuchart, members of the Law Society of Thailand. The two had claimed that the Cabinet unlawfully issued a resolution to endorse Thaksin's leave of absence on April 5.

They alleged that since Thaksin had taken the unlawful leave, he should be regarded as having lost his status as prime minister. Thus, the court should order him to return his salary since April to the state coffers. The two lawyers had also asked the court to issue an injunction to prevent Thaksin from running his office as prime minister.

But the Central Administrative Court dismissed the case on the grounds that the two were not "affected parties". The two appealed against the ruling but the Supreme Administrative Court reaffirmed it.

In another case, the Supreme Administrative Court also decided not to review a suit alleging that Thaksin had lost his status after taking a leave of absence. The suit was filed by caretaker Buri Ram senator Karun Saingarm, Sakul Suesongtham, a member of the Poll Watch Foundation, and Warin Thiamjaras, secretary-general of the People's Network for Elections.

The top administrative court upheld the lower  court decision, saying it had no authority to review the case as the Constitution Court had the power to consider whether the premier had lost his status.