Somchai suggests PM wrongly advised by legal office, calls for justice to be returned to him

[snoop1130]

Somchai suggests PM wrongly advised by legal office, calls for justice to be returned to him

By The Nation

 

Somchai.

 

Sacked election commissioner Somchai Srisutthiyakorn on Friday posted on his Facebook page calling on Prime Minister General Prayut Chan-o-cha to examine the legal validity of advice from his legal affairs office in regard to the controversial election date, and if it was found that the PM had been wrong about the issue, he should “return justice to him”.

 

Somchai insisted that it was the Election Commission (EC) which had the authority to determine the general election date, and that he had been right to say so. 

 

If that were the case, the premier should also offer him a government legal-adviser post and dismiss his legal affairs office instead, he said.

 

Prayut on Tuesday dismissed Somchai via his special Article 44 powers, citing that the move had been at the request of a state agency.

 

The PM said the agency, related to legal affairs, had made the request because staff had felt that Somchai had caused “considerable confusion” about the date for a general election. 

 

In the Facebook post, headlined “The PM’s misunderstanding”, Somchai went on to quote clauses in the Constitution. 

 

Under Articles 102 and 103, it is clear that the EC would determine the election date, while the government would issue a decree paving the way for an election, he stated. 

 

This, he added, was to ensure that a check and balance was in place and empowered the EC to be truly independent.

 

Article 104 of the charter also gives the EC power to postpone the election date if it were deemed necessary, he said.

 

This new provision addresses a problem akin to the situation faced in 2014 when the government of the day was allowed to join the EC in determining the election date, but it then turned out that the government stood firm on its plan to hold the national poll, which was later declared void, Somchai pointed out.

 

The exercise of power to dismiss a member of an independent organisations like him, Somchai said, would prompt other independent-organisation members to restrain themselves for fear that they would also face the same fate.

 

He also insisted in his Facebook post that his views over the election date were in line with other legislators, including Constitution Drafting Commission chairman Meechai Ruchupan.

 

Somchai insisted that he had not crossed the government’s line.

 

Deputy PM Prawit Wongsuwan, meanwhile, refused on Friday to comment about Somchai’s latest remarks when asked by reporters for his reaction.

 

Source: http://www.nationmultimedia.com/detail/politics/30341589

 

-- © Copyright The Nation 2018-3-23

[BigBadGeordie]

Prior to his death Steven Hawking explained the origin of the universe etc. I would suggest that Somchai Srisutthiyakorn has more chance of refuting Hawkings theory than beating Article 44.

Edited March 23, 2018 by BigBadGeordie

[Hayduke]

14 hours ago, snoop1130 said:

Somchai suggests PM wrongly advised by legal office, calls for justice to be returned to him

 

Now, now Khun Somchai...let's not be greedy. Uncle has already returned happiness to you, why would you also want justice?

 

Edited March 24, 2018 by Hayduke

[yellowboat]

15 hours ago, snoop1130 said:

If that were the case, the premier should also offer him a government legal-adviser post and dismiss his legal affairs office instead, he said.

More reasons why the whole junta just needs to consigned to history's dust bin.  Mindless discussions that lead to more of the same. 

[Srikcir]

16 hours ago, snoop1130 said:

calling on Prime Minister General Prayut Chan-o-cha to examine the legal validity of advice from his legal affairs office in regard to the controversial election date

When Prayut's use of absolute power is literally constitutional under Section 265 of the 2017 Constitution that validates Article 44 under the Interim Charter, what does it matter whether advice from his legal affairs office is valid or not? Prayut decides either directly or through the Five Rivers all government courses of action or inaction.

 

 

[metisdead]

A post containing a disallowed reference to the PM has been removed. 

[klauskunkel]

17 hours ago, snoop1130 said:

Under Articles 102 and 103, it is clear that the EC would determine the election date

Article 104 of the charter also gives the EC power to postpone the election date 

Yes, but this is what Article 44 says:

One Article to rule them all, One Article to find them,

One Article to bring them all and in the darkness bind them.

(inspired by Tolkien)

 

The Article Bearer and his best friend the Prrreciousss Watch Bearer, they got the power!

 

 

[hansnl]

The number of idiotic reactions on anything related to the government, and yes I know it's a military kind, are stupefying.

May I wonder if there will be elected figures forming a government, the reactions might be as idiotic?

I do think, looking at the former "elected" governments, there were plenty more reasons for silly remarks.

And no, I am not a fan of military takeovers, but elected politicos are in politics for the power, for the money, or a combination of the two.

Says it all.

 

[Srikcir]

3 minutes ago, hansnl said:

Says it all.

Which of the two can be removed by electoral vote.

That says it all too.

[Cadbury]

18 hours ago, snoop1130 said:

".....if it was found that the PM had been wrong about the issue, he should “return justice to him”.

Get it straight and clearly understood Somchai...............PM Prayut is NEVER wrong.

[Eric Loh]

35 minutes ago, hansnl said:

May I wonder if there will be elected figures forming a government, the reactions might be as idiotic?

Elected government don’t have article 44. A rather flippant post.