Requirement removing unqualified office-holders is Constitutional: Ombudsman

PUBLISHED ON SAT, JAN 13, 2018 4:54 AM

Requirement removing unqualified office-holders is Constitutional: Ombudsman

By The Nation

 

20360ffbbfe21fb486ee6c5fee5d8b83.jpeg

Rakkecha Saechai

 

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.

 

Source: http://www.nationmultimedia.com/detail/politics/30336121

 

 
thenation_logo.jpg
-- © Copyright The Nation 2018-01-13
latest news from Thailand

Google offers free public Wi-FiBy JINTANA PANYAARVUDH THE NATION Ben King, country director for Google Thailand, announces a range of initiatives to support Thailand's digital economy. GOOGLE Thailand yesterday launched a series of initiatives, including free high-speed public Wi-Fi, to enable...

READ MORE...

Storm brings heavy rains to many provincesBy The Nation  TROPICAL STORM Son-Tinh is bringing in its wake heavy downpours, leading to warnings in many parts of Thailand. The impacts from the storm were felt in various provinces even before the storm moved from Vietnam to Thailand last night. In...

READ MORE...

Thai team to explore North Pole to better protect ecosystemBy Kornrawee Panyasuppakun, Sandy Leegumjorn The Nation  Key researchers talk yesterday at the Chamchuri Square building about the goals and challenges of Asia’s and Thailand’s first Arctic exploration to begin on July 24. A THAI TEAM will...

READ MORE...

Australian man and former Nana nightclub owner found guilty of human trafficking  An Australian man who was the former owner of a nightclub on Soi Nana faces a lengthy prison sentence after being found guilty of charges related to human trafficking and prostitution. Full...

READ MORE...
sponsors