
Major Niphon Simprayoon also petitioned the EC to seek a court injunction against Samak's administration until the court issued a ruling on his qualifications.
He claimed Samak was not qualified as either an MP or a minister because his term as a senator ended less than two years ago as he was elected a senator on April 19, 2006.
Moreover, he was not qualified because the Criminal Court sentenced him to imprisonment after he was convicted of libel charges.
"Although Samak appealed the verdict, he is still not qualified as an MP in accordance with Article 102 (5) of the Constitution, and he is not qualified as a minister in accordance with Article 174 (5) and (6),'' he said.
He requested the EC seek a Constitution Tribunal ruling on Samak and a Supreme Court ruling to remove him from the post.
The Nation