Although the Bangkok Mass Transit Authority (BMTA)<\/span><\/strong> confirmed in a press release that the Board of Directors of the BMTA approved a contract with the SCN-CHO consortium, consisting of Ch. Thavee Public Company Limited and Scan Inter Public Company Limited, to supply 489 natural gas-powered (NGV) air-conditioned buses along with maintenance services for a budget of 4.26 billion baht during the 15th BMTA board meeting on December 18, 2017, the decision was made with the participation of 9 board members who engaged in extensive discussions. Ultimately, the resolution was approved without any objections from the board members.

Subsequently, on December 20, 2017, the BMTA prepared the minutes of the previous board meeting and submitted them for approval at the 16th BMTA board meeting. During this meeting, attended by 6 board members, there was another extensive discussion regarding the approval for the BMTA to contract with the SCN-CHO consortium for the purchase of NGV buses. The board members were asked to vote on the approval of the minutes from the 15th meeting, resulting in a split opinion: 3 members approved the minutes while 3 did not. Following this, the BMTA signed the contract for the purchase of 489 NGV buses with the SCN-CHO consortium on December 27, 2017, with the first batch of 100 buses scheduled for delivery on March 26, 2018. The legality of this procurement process has become a hot topic once again.

On March 21, 2018, the Central Administrative Court received a petition for temporary protection in case number 709/2561 from Siam Standard Energy Co., Ltd., the plaintiff, against the Bangkok Mass Transit Authority, the defendant. The plaintiff requested the Central Administrative Court to rule on whether the selection of the SCN-CHO consortium (Ch. Thavee Public Company Limited and Scan Inter Public Company Limited) for a contract with the BMTA was lawful, and to examine whether the board's resolution was legally valid. If found unlawful, the plaintiff requested the court to revoke the board's resolution regarding the selection of the SCN-CHO consortium for the contract, arguing that there had never been a valid board meeting. The court was also asked to determine whether the signing of the NGV bus purchase contract on December 27, 2017, was legally valid.

While the Central Administrative Court is reviewing the legality of the BMTA board's voting process, the plaintiff has requested the court to order the BMTA to suspend any actions under the contract or to stay the enforcement of the unlawful resolution, or to halt the procurement process for the 489 NGV buses until the court completes its review and issues a ruling in this case. The suspension would not benefit the plaintiff but is intended for the public good.

Thus, the plaintiff seeks a temporary protection order from the court to suspend the execution of the contract until a final judgment is reached or until the court completes its review of the voting process of the defendant, ensuring transparency, as this matter has garnered public interest. The issuance of this protective order would not cause harm to any parties involved but is aimed at preventing the state from incurring losses from using taxpayer money to procure NGV buses at inflated prices.

On March 22, 2018, the Central Administrative Court ordered Mr. Somchai Prommes, authorized representative of Siam Standard Energy Co., Ltd., to provide testimony and submit a written statement along with evidence regarding the unavoidable damages resulting from the board's resolution during the 16th BMTA meeting on December 20, 2017. The court instructed the plaintiff to submit a written statement with evidence and copies to the Central Administrative Court for consideration by March 26, 2018, at 1:30 PM, the same day the court scheduled a hearing while the BMTA held a press conference to launch the new NGV bus model, inviting Mr. Akhom Termpittayapaisith, Minister of Transport, to preside over the ceremony at the BMTA headquarters parking lot on Vadhana Road, Huai Khwang, Bangkok.

Thank you for the information from thaipublica.org<\/p>