By The Nation
The Ombudsman on Friday decided against taking up a petition filed by Election Commissioner Somchai Srisutthiyakorn in hopes it would be forwarded to the Constitutional Court. The Ombudsman reasoned that the issue in dispute is not unconstitutional as claimed in the petition.
Ombudsman secretary-general Rakkecha Saechai said the Ombudsman held a meeting to consider the matter and resolved to dismiss the case.
Rakkecha said Somchai had filed the petition asking that the Ombudsman examine whether Article 70 under the EC law is unconstitutional.
By law, the Ombudsman is one of the agencies able to receive complaints in regard to the constitutionality of issues of concern and decide whether to forward them to the Constitutional Court along with its opinions.
Under Article 70, EC commissioners and its president have to leave office after the new EC law is promulgated. The five EC commissioners including Somchai have now left the office as a result.
Somchai argued that the stipulation may contradict the charter as it requires that members of independent bodies would have to leave office if their qualifications do not meet the requirements as outlined in the charter.
However, Rakkecha cited the previous Constitutional Court’s ruling on the qualifications and terms for the office of the Ombudsmen.
It had ruled, citing Article 273 paragraph 1, that members of independent bodies may stay in office after the new charter is promulgated but once the organic laws are in place, their terms must follow what had been proclaimed in the organic laws.
The Ombudsman viewed that this meant that the charter gives power to the legislative body to determine the terms of the members of independent bodies in various ways, including the total reset the EC faced.
Thus, what was addressed under the EC law’s Article 70 is not unconstitutional, the Ombudsman decided and dismissed Somchai’s petition.
Get help if fever and headache appear after forest walk: Health MinistryBy The Nation Dr Opas Karnkawinpong, spokesman and deputy permanent secretary for the Public Health Ministry The Public Health Ministry has warned tourists returning from a trip to a forest during the winter season to seek...READ MORE...
Almost 1 million people may qualify for insurance reinstatementBy The Nation Some 960,000 people who had taken out voluntary insurance under the Social Security Act’s Section 39 and then lost their insured status will soon be able to get it back if they want, if draft legislation is approved by...READ MORE...
Former DSI chief gets 3-month suspended jail term for concealing assetsBy Thai PBS Former director-general of the Department of Special Investigation (DSI) Tarit Pengdith was on Friday (Jan 19) sentenced by the Supreme Court’s Criminal Division for Holders of Political Positions to three months...READ MORE...
Activist Assaulted While Protesting Prawit’s Luxury WatchesBy Teeranai Charuvastra, Staff Reporter Undercover police drag Rittikrai Chaiwannasan away Friday moments after he assaulted pro-democracy activist Ekachai Hongkanwan. BANGKOK — A man was arrested Friday after attempting to punch an...READ MORE...