Court Disqualifies Chiang Mai Mayor

[george]

Supreme Administrative Court disqualifies Chiang Mai mayor

CHIANG MAI: -- The Supreme Administrative Court Friday endorsed the decision of the Chiang Mai election committee to disqualify Chiang Mai Municipality mayor Duentemduang na Chiang Mai.

The court ruled in favour of the Chiang Mai election committee to disqualify Duentemduang as a candidate for the municipality election held in June 2007.

The ruling prompted Duentemduang to be disqualified and a new election must be held in two months.

The EC committee disqualified Duentemduang on ground that she failed to provide a valid proof that she was a Chiang Mai resident before the election. The committee rejected building tax receipt provided by Duentemduang as an evidence.

Duentemduang fought against the decision by seeking a ruling from the administrative court. She won the election as Chiang Mai Municipality mayor pending the ruling of the Supreme Administrative Court.

-- The Nation 2009-04-03

[Steve2UK]

And it has taken the best part of 2 years to get to this?

Assuming she stands (US-speak "runs") again, presumably she'll have the appropriate paperwork second time around.......

[Rasseru]

Is it possible, does anyone think, that there was more to this by way of background than simply the paperwork problem?

[MonsieurHulot]

Is it possible, does anyone think, that there was more to this by way of background than simply the paperwork problem?

Of course, there's more: she is a woman.

[Nienke]

Isn't she from the "other side" as well?

[MonsieurHulot]

Isn't she from the "other side" as well?

From Bangkok Pundit: "Duentemduang was formerly with the Democrat Party and ran as independent."

Democrat and/or independent + female = doomed. Case made

[orang37]

Isn't she from the "other side" as well?

Hi Khun Nienke,

Do you mean She might be from the "Twilight Zone" ?

~o:37;

Edited April 3, 2009 by orang37

[Larry]

Unbelievable!

This is a de minimus infraction. One look at our mayor's last name (Royal Family of Lanna) should tell you where she's from. Using relatively small infractions and irregularities to disqualify parties, public officials, etc simply politicizes the courts even more and invites abuse of the law by the powers that be. Yes, she's from the Democratic party in Red Shirt Chiangmai, but she won a landslide victory, and worked tirelessly on behalf of ALL Chiangmai residents. The fact that a minor irregularity can disqualify a mayor TWO YEARS after the election is nothing short of criminal!

[MonsieurHulot]

but she won a landslide victory

Not exactly a landslide:

"She defeated the incumbent who was a member of the now defunct Thai Rak Thai party. She didn't actually win 59.66% of the vote, she won just over 40% of the vote (when you exclude spoiled ballots and no votes which is even less of course if you don't exclude such votes). This was far from a landslide, it was a solid victory no doubt, but no landslide. 59.66% was the percentage of eligible voters who turned up to vote." (Bangkok Pundit)

[Larry]

There were three major and a host of minor candidates. The victory was decisive and clear. Again.....frustrating the will of the people for a disputed paper is sickening.

but she won a landslide victory

Not exactly a landslide:

"She defeated the incumbent who was a member of the now defunct Thai Rak Thai party. She didn't actually win 59.66% of the vote, she won just over 40% of the vote (when you exclude spoiled ballots and no votes which is even less of course if you don't exclude such votes). This was far from a landslide, it was a solid victory no doubt, but no landslide. 59.66% was the percentage of eligible voters who turned up to vote." (Bangkok Pundit)

[Loaded]

I've heard a rumour that the Governor Boonlert is in trouble as well. He won't open a land crossing with Burma at Chang Dao because the governor of Chiang Rai pays him millions of baht each day to prevent this. A Chiang Mai Province crossing would significantly reduce income at Mae Sai.

Edited April 3, 2009 by Loaded

[Nienke]

Isn't she from the "other side" as well?

Hi Khun Nienke,

Do you mean She might be from the "Twilight Zone" ?

~o:37;

Other side, sir, as in 'other party', not as in 'other world'. On the contrary, I think the Lady Mayor always had both feet strongly on Chiang Mai soil.

[WinnieTheKhwai]

Well, I'm a card carrying Red Shirt and no fan of the "Democrat" party, but this is BS. Again courts meddling with election results because of utter trivialities.. The woman won more votes than anyone else so unless she committed a horrific crime she should be mayor. Votes should decide, not courts.

[neilrob]

Well, I'm a card carrying Red Shirt and no fan of the "Democrat" party, but this is BS. Again courts meddling with election results because of utter trivialities.. The woman won more votes than anyone else so unless she committed a horrific crime she should be mayor. Votes should decide, not courts.

My understanding is that the law requires a mayoral candidate to be a resident of the city he or she is standing in. The mayor in fact lived elsewhere before the election. Her evidence that she lived in CM was inadequate, as determined both by the election commission and by the courts. This is not about a piece of paper, but is about following a reasonable law that requires a candidate to be a resident before running for office. I am pleased to see the courts enforcing the laws---it is all too common in Thailand for elite families (such as she belongs to) to be above the law. How is failing to follow a reasonable law an "utter triviality"?

[slapout]

Hope they can find a major who will drive the streets in his or her private car, andsee the problems first hand and get expert help in solving traffic, etc problems. We have heard a lot of excuses in the past as to why we have traffic snafus daily, but simple,low cost fixes do not seem of interest.

[caf]

Well, I'm a card carrying Red Shirt and no fan of the "Democrat" party, but this is BS. Again courts meddling with election results because of utter trivialities.. The woman won more votes than anyone else so unless she committed a horrific crime she should be mayor. Votes should decide, not courts.

My understanding is that the law requires a mayoral candidate to be a resident of the city he or she is standing in. The mayor in fact lived elsewhere before the election. Her evidence that she lived in CM was inadequate, as determined both by the election commission and by the courts. This is not about a piece of paper, but is about following a reasonable law that requires a candidate to be a resident before running for office. I am pleased to see the courts enforcing the laws---it is all too common in Thailand for elite families (such as she belongs to) to be above the law. How is failing to follow a reasonable law an "utter triviality"?

The real reason, as I suspect you know, is that she has annoyed a few people and is a woman.

The residency qualification is only an excuse. This is the Thai way of moving a person out.

[WinnieTheKhwai]

Well, I'm a card carrying Red Shirt and no fan of the "Democrat" party, but this is BS. Again courts meddling with election results because of utter trivialities.. The woman won more votes than anyone else so unless she committed a horrific crime she should be mayor. Votes should decide, not courts.

My understanding is that the law requires a mayoral candidate to be a resident of the city he or she is standing in. The mayor in fact lived elsewhere before the election. Her evidence that she lived in CM was inadequate, as determined both by the election commission and by the courts. This is not about a piece of paper, but is about following a reasonable law that requires a candidate to be a resident before running for office. I am pleased to see the courts enforcing the laws---it is all too common in Thailand for elite families (such as she belongs to) to be above the law. How is failing to follow a reasonable law an "utter triviality"?

Because the people knew that and wanted her for mayor. Same as with Thaksin; people knew he was a shrewd (bordering dodgy) business man who showed he was willing to circumvent tax laws, and they still voted for him in successive landslides.. Therefore he was legitimate in my view, and he showed he indeed could deliver and get Thailand's economy on the road in a big way and do all the other things that some dismiss as populist. Ultimately I think people's votes should decide. So while I'm no fan of the mayor's political background, I must respect the will of the people more than courts because courts have shown time and again to be corrupt and or under the influence of the powers-that-be.

Note that in other countries this doesn't work this way.. If the USA did things in the Thai way then mr. Obama would still be in courts trying to proof he was born in the USA (Hawaii), just because some nutters and influential people want to cause him grief.. That puts disproportionate power in the hands of the courts.

Edited April 5, 2009 by WinnieTheKhwai

[yumidesign]

Because the people knew that and wanted her for mayor. Same as with Thaksin; people knew he was a shrewd (bordering dodgy) business man who showed he was willing to circumvent tax laws, and they still voted for him in successive landslides.. Therefore he was legitimate in my view, and he showed he indeed could deliver and get Thailand's economy on the road in a big way and do all the other things that some dismiss as populist. Ultimately I think people's votes should decide. So while I'm no fan of the mayor's political background, I must respect the will of the people more than courts because courts have shown time and again to be corrupt and or under the influence of the powers-that-be.

Note that in other countries this doesn't work this way.. If the USA did things in the Thai way then mr. Obama would still be in courts trying to proof he was born in the USA (Hawaii), just because some nutters and influential people want to cause him grief.. That puts disproportionate power in the hands of the courts.

Poor man, you suffer from the same blindness that **** and family have. May be its caused by looking at the the color red too much

[Ajarn]

I've heard a rumour that the Governor Boonlert is in trouble as well. He won't open a land crossing with Burma at Chang Dao because the governor of Chiang Rai pays him millions of baht each day to prevent this. A Chiang Mai Province crossing would significantly reduce income at Mae Sai.

I don't believe this. A Chang Mai crossing would not effect Mai Sai in any way because at Chiang Dao, there is nothing across in Burma, no cities, no hotels, no nothing except a few small villages. Nothing to bother anyone and the CR Governor is paying the CM governor millions of baht each day? Jeez, why would anyone believe crap like that?

Edited April 5, 2009 by Ajarn

[neilrob]

Well, I'm a card carrying Red Shirt and no fan of the "Democrat" party, but this is BS. Again courts meddling with election results because of utter trivialities.. The woman won more votes than anyone else so unless she committed a horrific crime she should be mayor. Votes should decide, not courts.

My understanding is that the law requires a mayoral candidate to be a resident of the city he or she is standing in. The mayor in fact lived elsewhere before the election. Her evidence that she lived in CM was inadequate, as determined both by the election commission and by the courts. This is not about a piece of paper, but is about following a reasonable law that requires a candidate to be a resident before running for office. I am pleased to see the courts enforcing the laws---it is all too common in Thailand for elite families (such as she belongs to) to be above the law. How is failing to follow a reasonable law an "utter triviality"?

Because the people knew that and wanted her for mayor. Same as with Thaksin; people knew he was a shrewd (bordering dodgy) business man who showed he was willing to circumvent tax laws, and they still voted for him in successive landslides.. Therefore he was legitimate in my view, and he showed he indeed could deliver and get Thailand's economy on the road in a big way and do all the other things that some dismiss as populist. Ultimately I think people's votes should decide. So while I'm no fan of the mayor's political background, I must respect the will of the people more than courts because courts have shown time and again to be corrupt and or under the influence of the powers-that-be.

Note that in other countries this doesn't work this way.. If the USA did things in the Thai way then mr. Obama would still be in courts trying to proof he was born in the USA (Hawaii), just because some nutters and influential people want to cause him grief.. That puts disproportionate power in the hands of the courts.

Hardly---the difference is that Obama WAS born in the US, while the mayor was NOT a resident of CM. If Obama had not been born a US citizen, the American courts would have thrown him out, no matter how many people voted for him, because that's the law. Democracies are not just about voting. A major part of a functioning democracy is adherence to the rule of law. Thailand badly needs this.

[cmsally]

The real surprise was when she was not disqualified at the beginning. I believe the regulation is that you should be registered on a Tabien Bahn within the municipality area at least 3 months before the election (not totally sure of the details). I think the problem was that she transferred her tabien bahn at the very last minute or maybe didn't even bother to change. It sounded pretty clear that she wouldn't be eligible to stand for the election (this was brought up before the election). But then somehow there was a ruling that she shouldn't be disqualified.

Now it seems they have backtracked on that ruling, (which would seem to have overruled on the election law).

Me thinks someone has threatened to dig up some dirt on that one and it was the easiest way to get them to throw away the spade posthaste.

[Scrubber]

The real surprise was when she was not disqualified at the beginning. I believe the regulation is that you should be registered on a Tabien Bahn within the municipality area at least 3 months before the election (not totally sure of the details). I think the problem was that she transferred her tabien bahn at the very last minute or maybe didn't even bother to change. It sounded pretty clear that she wouldn't be eligible to stand for the election (this was brought up before the election). But then somehow there was a ruling that she shouldn't be disqualified.

Now it seems they have backtracked on that ruling, (which would seem to have overruled on the election law).

Me thinks someone has threatened to dig up some dirt on that one and it was the easiest way to get them to throw away the spade posthaste.

Good point. Why was she allowed to run in the first place? Yet again, someone has been voted into office, only to be kicked out by the powers that be (and we all know who's pulling the strings) as they are seen as a threat to the 'old money' brigade.

[tijnebijn]

I've heard a rumour that the Governor Boonlert is in trouble as well. He won't open a land crossing with Burma at Chang Dao because the governor of Chiang Rai pays him millions of baht each day to prevent this. A Chiang Mai Province crossing would significantly reduce income at Mae Sai.

I don't believe this. A Chang Mai crossing would not effect Mai Sai in any way because at Chiang Dao, there is nothing across in Burma, no cities, no hotels, no nothing except a few small villages. Nothing to bother anyone and the CR Governor is paying the CM governor millions of baht each day? Jeez, why would anyone believe crap like that?

Would be most grateful if they did open a bordercross in Chiangdao ....

Just go in and out every 14 days would be not much of a problem then en will get rid of the

ever changing rules to qualify for a one year extension ....or change to multiples non O .

And some small business oppurtunities for the local people would be a big welcome indeed .

[caf]

Well, I'm a card carrying Red Shirt and no fan of the "Democrat" party, but this is BS. Again courts meddling with election results because of utter trivialities.. The woman won more votes than anyone else so unless she committed a horrific crime she should be mayor. Votes should decide, not courts.

My understanding is that the law requires a mayoral candidate to be a resident of the city he or she is standing in. The mayor in fact lived elsewhere before the election. Her evidence that she lived in CM was inadequate, as determined both by the election commission and by the courts. This is not about a piece of paper, but is about following a reasonable law that requires a candidate to be a resident before running for office. I am pleased to see the courts enforcing the laws---it is all too common in Thailand for elite families (such as she belongs to) to be above the law. How is failing to follow a reasonable law an "utter triviality"?

Because the people knew that and wanted her for mayor. Same as with Thaksin; people knew he was a shrewd (bordering dodgy) business man who showed he was willing to circumvent tax laws, and they still voted for him in successive landslides.. Therefore he was legitimate in my view, and he showed he indeed could deliver and get Thailand's economy on the road in a big way and do all the other things that some dismiss as populist. Ultimately I think people's votes should decide. So while I'm no fan of the mayor's political background, I must respect the will of the people more than courts because courts have shown time and again to be corrupt and or under the influence of the powers-that-be.

Note that in other countries this doesn't work this way.. If the USA did things in the Thai way then mr. Obama would still be in courts trying to proof he was born in the USA (Hawaii), just because some nutters and influential people want to cause him grief.. That puts disproportionate power in the hands of the courts.

Hardly---the difference is that Obama WAS born in the US, while the mayor was NOT a resident of CM. If Obama had not been born a US citizen, the American courts would have thrown him out, no matter how many people voted for him, because that's the law. Democracies are not just about voting. A major part of a functioning democracy is adherence to the rule of law. Thailand badly needs this.

This is Thai democracy. They do it their way. You have to accept the reality of living in Thailand and not pontificate that Thailand MUST follow the letter of the law as if it were the States. Thais don't want American opinions telling them how to run their country.

[Gonzo the Face]

This is Thai democracy. They do it their way. You have to accept the reality of living in Thailand and not pontificate that Thailand MUST follow the letter of the law as if it were the States. Thais don't want American opinions telling them how to run their country.

Pretty powerful talk from someone with over a hundred posts in just 3 + Weeks

Reincarnation maybe.???

[neilrob]

Reading the postings on this forum, some of the posters seem to believe that the mayor is a helpless woman falling prey to 'them'. The truth is that the mayor comes from a rich and politically very powerful family (particularly her father, formerly deputy minister in one of Thailand's more corrupt governments, holder of powerful posts in CM province etc.). Her family is part of 'the old money brigade' which one poster oddly blames for her downfall. CMSally makes a very good point when she questions why the mayor was allowed to run for office at all in spite of this contravening the election law. The answer is most probably found in the aforementioned rich and powerful family. Thailand badly needs the rule of law to apply to all, rich and powerful included.

[neilrob]

This is Thai democracy. They do it their way. You have to accept the reality of living in Thailand and not pontificate that Thailand MUST follow the letter of the law as if it were the States. Thais don't want American opinions telling them how to run their country.

You think democracy Thai-style works well?? What country and/or reality are you living in?

[VitalGirl]

Is it possible, does anyone think, that there was more to this by way of background than simply the paperwork problem?

This woman has caused untold hardship to many small businesses in CNX. Example - several weeks ago she decided to close the Tapae Square Market on Sunday so she could run a special "Fair" for people affected by the recession. Consequently 200+ families lost their income for the week with about 2 days warning. Of course, most of the people exposed to the goods on sale were the tourists (who were a little bewildered) and the sales staff of shops nearby (who already have well paid jobs) who got to pick over the bargains. And the struggling Thai businesses who got to sell in the Square? None other than that tiny family run business CP! What, they don't have enough retail outlets already? The poor people who really did need those bargains don't come into the tourist strip on Sundays... or anyday.. too expensive. That's one example among many. Thank goodness some sense has prevailed (however it was achieved) and CNX gets a chance through another election - lots of small businesses hoping for a better ourcome next time.

[Sojourner]

Is it possible, does anyone think, that there was more to this by way of background than simply the paperwork problem?

This woman has caused untold hardship to many small businesses in CNX. Example - several weeks ago she decided to close the Tapae Square Market on Sunday so she could run a special "Fair" for people affected by the recession. Consequently 200+ families lost their income for the week with about 2 days warning. Of course, most of the people exposed to the goods on sale were the tourists (who were a little bewildered) and the sales staff of shops nearby (who already have well paid jobs) who got to pick over the bargains. And the struggling Thai businesses who got to sell in the Square? None other than that tiny family run business CP! What, they don't have enough retail outlets already? The poor people who really did need those bargains don't come into the tourist strip on Sundays... or anyday.. too expensive. That's one example among many. Thank goodness some sense has prevailed (however it was achieved) and CNX gets a chance through another election - lots of small businesses hoping for a better ourcome next time.

Let the small businesses you refer to muster the votes to bring in someone new. I hope she runs again. At least we know her agenda and informed Thais can make their own minds up.

[Loaded]

She's also behind the road widening scam. A potential very big cash generator for her family and as she doesn't live here why would she care if it destroys CM.