The PAD is now seeking a similar ruling against Samak's entire cabinet.
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Samak rejected the opposition's call to quit or hold a snap poll.
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Mr Samak deserves support in his efforts to face them down.
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Today's ruling also means Mr Samak's cabinet must resign.
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New Prime Minister Samak Sundaravej has not yet set out a policy on the separatist insurgency.
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Anti-government protestors in Bangkok are ignoring a state of emergency declared by Prime Minister Samak Sundaravej.
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After the same meeting, Prime Minister Samak Sundaravej stressed Bangkok would never hold talks with insurgents.
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Mr Samak remained defiant in a weekly radio address but suggested his patience was wearing out.
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It follows clashes between pro- and anti-government protesters, who want to oust Samak Sundaravej from office.
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Mr Samak was ousted this week for hosting a television cookery programme while he was prime minister.
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In September, a court removes Samak from office for accepting payments for a cooking show he hosted.
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Aug. 26 - Thousands of PAD protesters storm Government House, Samak's official compound, in attempt to unseat him.
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Embattled Thai Prime Minister Samak Sundaravej says he will hold a crisis referendum after rejecting calls to quit.
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I will see them on Sunday, Samak told reporters after meeting British Ambassador Quinton Quayle in the Thai capital.
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Mr Samak denies the accusation.
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THAILAND:THAILAND'S LEADERSHIP crisis deepened yesterday after sacked prime minister Samak Sundaravej said he would not try to reclaim the premiership.