Thailand's Prime Minister Samak Sundaravej sits before judges at the Constitutional Court in Bangkok September 8, 2008. Thailand's Constitutional Court will rule on Tuesday whether Samak violated the constitution by hosting television cooking shows while in office, a judge said on Monday.(Xinhua/Reuters Photo) Photo Gallery>>>

    by Ling Shuo

    BANGKOK, Sept. 9 (Xinhua) -- The Constitution Court of Thailand on Tuesday ruled the Prime Minister and Defense Minister Samak Sundaravej violates the charter by hosting cooking shows on TV programs after he took the premiership in January. The ruling means Samak's premiership is revoked.

    The court voted unanimously to give a guilty verdict against Samak and disqualified him as the prime minister.

The TV grab taken on Aug. 26, 2008 shows Thai Prime Minister Samak Sundaravej giving an emergency statement in Bangkok, Thailand. Samak Sundaravej gave ultimatum in the statement to anti-government protestors led by the People's Alliance for Democracy (PAD) who intruded Tuesday into many key establishments in the capital including the Government House, warning them to retreat or face counteractions by police. (Xinhua file photo) Photo Gallery>>>

    In the one-hour open ruling, the court said all the nine judges considered Samak has broken the article 182 and 267 of the Constitution which prohibit prime minister or minister to be employee of any profiting company.

    The court reasoned that the Constitution was aimed to prevent conflicts of interest on part of Cabinet members so Samak had violated in the intention of the charter although he host the programs on part-time basis.

    The entire Cabinet also lost its status but other Cabinet members became caretaker ministers until new Cabinet is found, the court ruled.

    They also ruled that cabinet ministers remain as a caretaker administration for 30 days until the parliament elects a new prime minister.

    Samak is the first premier whose status was revoked by court in Thai history.

    Elected members of the House of Representatives under the banner of the ruling People Power Party (PPP) still support the beleaguered premier to continue in the premiership, even though he has been stripped of his post.

    A source from the PPP which is led by Samak told Xinhua after the ruling that Deputy Prime Minister Somchai Wongsawat will take the post of acting prime minister of the caretaker cabinet.

    The source said the parliament will open a special session on Wednesday to elect a new prime minister while the PPP has decided to support Samak to be the new prime minister again in the voting since Article 182 of the Constitution does not ban the breaker to be elected as the same post.

    Samak could return as prime minister if the five other parties in the coalition government nominate him because he still retains his membership in the House of Representatives and also as leader of PPP.

    After the ruling, Karn Thiankaew, deputy chairman of the PPP said the party respects the ruling.

    Witthaya Buranasiri, a PPP member and a government whip, was reportedly traveled to the parliament after the ruling was given to set the date for selecting the new prime minister with House Speaker Chai Chidchob to prevent a political vacuum.

    In May, a group of 29 Thai senators charged Samak with violating the constitution by continuing hosting two cooking shows called "Chim Pai Bon Pai" (Tasting and Complaining) and "Yok Khayong Hok Mong Chao" (Go Together in the Morning) on commercial televisions after he had been appointed prime minister on February6.

    Samak appeared before the Constitution Court Monday to refute the charges. "I consulted with legal counsel after I became prime minister, and they all agreed it was not a breach of the constitution if I was not a regular employee of a company," Samak told the court.

    He said he had only hosted the show a few times after becoming prime minister and only on a freelance basis. He claimed he had passed the money he earned on to his driver.

    Anyway, in the considerations of the total nine judges, six considered Samak to be the "employee" while three others considered Samak a business partner of the studio, a constitutional offense in both cases.

    The court said evidence presented by Samak that he was only given transport fees for hosting the show "contradicted" payment evidence by the studio, Face Media.

    The court went strong on the principles laid down by the Constitution against conflicts of interests. The judges pointed out that using definitions of "employ", "employer" and "employee" from different laws are not enough to tell whether the will of the Constitution has been violated.

    Just hours before the ruling, Chart Thai Party, the second biggest party in the six-party ruling alliance, held an urgent meeting to discuss the next step if Samak's premiership is revoked.

    The party's leader Banharn Silapa-archa was highly reportedly to emerge as the next prime minister if Samak is forced to step down.

    However, after the ruling, Banharn told local press that he will continue support the PPP and he will not take the post of prime minister since the undergoing political chaos in Thailand is out of his ability. "It's better that I stay on like this. I want to live a long life," he said.

    While Kiatikorn Pakpiensilp, a parliament member from Matchiam Thipataya Party -- another co-ruling party, indicated after the verdict that Samak should not be reelected as prime minister after being disqualified by the judicial decision.

    Kiatikorn urged six coalition parties to nominate a qualified individual to lead the coalition government.

    He said the political crisis would not be resolved if the PPP pushed to reinstall Samak or nominate controversial figures such as Deputy Prime Minister Somchai Wongsawat and Finance Minister Surapong Suebwonlee.

    At the same time, the atmosphere at Government House occupied by the supporters of the People's Alliance for Democracy (PAD) was suddenly animated after the Constitution Court ruled that Samak is guilty. The core members of the group have yet to speak about the case. Previously, the group stated that they will negotiate only if Samak steps down from the prime minister's post.

    While the Prime Minister Samak himself, who rushed back to Bangkok after a mobile cabinet meeting in the Northeast Tuesday morning, has no comments about the ruling at press time. But he earlier told the cabinet meeting that "don't worry about me. I will be fine no matter what."

    Just on Tuesday morning, hours before the court ruling, Samak visited a morning market in northeastern province of Udon Thani. He bought several kinds of local foods.

    As a politician who loves cooking, Samak always publicly showed his favorite of cooking foods. On the eve of Beijing Olympics Open Ceremony last month, Samak borrowed the kitchen of Thai Embassy in Beijing, cooking a meal for all of the 54 Thai athletes.

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