The non-elected, military-appointed Senate, which votes alongside the lower house to choose the nation's leader of government, rejected the coalition in an initial vote last week.
The court made its announcement before a second Parliamentary vote on whether to affirm Pita as prime minister. After winning the most votes in the general election in May, his party put together an eight-party coalition that secured 312 seats in the House of Representatives.
The non-elected, military-appointed Senate, which votes alongside the lower house to choose the country's leader of government, did not, however, give the coalition enough support in an early vote last week.
Pita might still be nominated and chosen as prime minister under the court's announcement, at least until a decision is made. But it also puts pressure on him to withdraw so that another candidate can run, possibly even before the Wednesday second vote.
Because candidates for the legislature are not permitted to acquire shares of media companies, the state Election Commission of Thailand submitted Pita's case to court on the grounds that there was evidence he had broken the law. His backers have disputed the commission's finding on what is generally considered to be, at worst, a minor technical infraction.
After being rejected last week when he didn't have enough support from the Senate, whose members made it clear they wouldn't vote for him because of his party's agenda, Pita had been anticipated to have one final opportunity Wednesday to convince the nation's Parliament to confirm him as the new prime minister.
The party ran on a platform of attempting to change a law that makes it unlawful to disparage, threaten, or disrespect Thailand's royal family. The statute, which carries a penalty of up to 15 years in prison, is often misused as a political tool, according to critics.
The conservative royalist establishment is thought to be protected from change by the members of the Senate, the army, and the judiciary.
Move Forward, whose platform was very popular with younger people, also calls for reforms to lessen the power of major business monopolies and the military, which has launched more than a dozen coups since Thailand became a constitutional monarchy in 1932.
Pita asked senators to follow the same guidelines they did in 2019, when they voted for a candidate of a coalition supported by the military that held a majority of House seats, in a message shared on Twitter before of Wednesday's session.
In addition, he charged that certain senators were using the contentious charge that he was undermining the monarchy as an excuse to oppose his candidacy when, in reality, it was because they believed his party's broader reform plan harmed their own interests.
By noon on Wednesday, Pita was still not certain to receive a second chance to win the required majority in a vote including both the lower house and the Senate. It is unclear if he may legitimately receive a second nomination for the position of prime minister, hence a parliamentary decision is first required.
After a discussion, House Speaker Wan Muhamad Noor Matha was supposed to make a decision. Despite having come from one of the smaller parties in the coalition supporting Pita's campaign, he was elected to the House and has stated that he must weigh the benefits and drawbacks of Pita's re-nomination.
It's uncertain whether Wednesday's vote for prime minister will go forward if Pita is declared ineligible. It's also uncertain whether the third voting round that was scheduled for Thursday would happen if the vote were to take place but not confirm Pita.
Pita announced on Monday that he would run for prime minister again this week, but if he did not receive significantly more votes than last week, he indicated he would allow a candidate from another coalition party to run. There isn't much evidence to suggest that he would pick up many, if any, additional senators this time.
The potential prime minister nominee to take Pita's place in the media's spotlight has already done so.
He or she would belong to the Pheu Thai party, which garnered 141 seats overall, just 10 fewer than Move Forward, which garnered 151. An overwhelming majority of elected representatives, or 312 House seats, were gained by the eight-party alliance trying to seize power.
However, a joint session of the lower house and the Senate is necessary for a vote to confirm a new prime minister. Last week, the coalition received only 324 votes, far less than the 376 required for a majority.
The only candidate for Move Forward was Pita, whereas Pheu Thai registered three candidates: Chaikasem Nitsiri, the party's top strategist; Paetongtarn Shinawatra, the exiled daughter of ousted former Prime Minister Thaksin Shinawatra; and real estate mogul Srettha Thavisin.
The fan favorite now appears to be Srettha. He merely began participating in politics last year, and on Tuesday, Paetongtarn publicly endorsed him.
She made reference to his economic savvy and experience, which are considered to be Srettha's biggest selling factors to stabilize an economy that has struggled to recover from the coronavirus outbreak.
There will be pressure to create a new coalition with less liberal partners and eliminate Move Forward because its stance on royal reforms is considered as the barrier to a deal if neither Pita nor a Pheu Thai candidate can get legislative approval.
Move Forward, on the other hand, has stated it has no interest in working in a government with parties associated with the nine years of military-backed rule that are now coming to an end. As a result, it may feel more at home in opposition.
Saowanee T. Alexander, a professor at Ubon Ratchathani University in northern Thailand, said, "I think they would be willing to step out of the picture themselves and still feel like they are honoring what they announced to voters in the pre-election campaigning."
She expressed optimism mixed with pessimism, claiming that the question of monarchy reform "makes politics going forward very hard." Saowanee added, "I still don't see how we can get rid of these obstacles.
Pita's followers and pro-democracy protestors have already called for rallies on Wednesday in response to the possibility of Pita being denied the position of prime minister.
