The Administrative Court refuses to hear Dr. Sorana's petition to annul the Selection Committee's ruling stripping him of his position on grounds that he possessed disqualifying characteristics and lacked qualifications from the outset, ruling he has not yet suffered harm or damage as no royal command for his removal from office has been issued.
Today (8 Aug.), it was reported that the Central Administrative Court issued an order refusing to accept the lawsuit for consideration and adjudication in the case in which Dr. Sorana Boonbaichaiyapruek, Chairman of the National Broadcasting and Telecommunications Commission (NBTC), had filed suit on 3 August seeking a judgment or order to annul Ruling No. 1/2026 of the Selection Committee for NBTC Commissioners, dated 21 July 2026, which ruled that he possessed disqualifying characteristics and lacked the qualifications to hold the position of NBTC Chairman from the very outset. He requested that the annulment take retroactive effect from the date of that ruling, as though the ruling had never existed from the beginning.
The court gave the following reasons for refusing to adjudicate: Section 18 of the Organization for the Allocation of Radio Frequencies and Regulation of Broadcasting and Telecommunications Services Act 2010 provides that a person approved by the Senate to serve as a commissioner who still possesses disqualifying characteristics under Section 8(1), (2), or (3) must submit evidence to the President of the Senate — within the timeframe set by the President of the Senate — showing that he or she has resigned from or ceased engaging in the said occupation or profession, and that this must be done before the Prime Minister presents the matter to the King for royal appointment. In the event that such evidence is not submitted within the prescribed timeframe, that person shall be deemed to have waived his or her right and a new selection process shall be conducted.
However, the facts of this case show that the Selection Committee, the defendant, issued its ruling that Dr. Sorana possessed disqualifying characteristics under Section 18 in conjunction with Section 8(2) of the said Act after the Royal Command had already been issued appointing Dr. Sorana, the plaintiff, as Chairman of the NBTC Board, with effect from 13 April 2022 onwards. The removal from office of an NBTC commissioner whom the Selection Committee has ruled to have acted in violation of Section 8(2) of the said Act is a matter provided for under Section 20, paragraph one (5), and paragraph two, which stipulate that the matter shall be presented to the King for a Royal Command effecting removal from office. Therefore, at this stage it cannot yet be considered that Dr. Sorana, the plaintiff, has suffered or may unavoidably suffer harm or damage as a result of the actions of the Selection Committee defendant. He therefore does not yet have the right to bring this case under Section 42, paragraph one, of the Act on Establishment of Administrative Courts and Administrative Court Procedure. The court therefore cannot accept this lawsuit for consideration, and there is no need to consider the request concerning provisional measures prior to judgment. The court accordingly issues an order refusing to accept this lawsuit for consideration and orders the case struck from the case register.
