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BANGKOK 19 July 2019 02:11
Jonathan Fairfield

Top administrative court rejects petition questioning appointment of senators

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Top administrative court rejects petition questioning appointment of senators

By THE NATION

 

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THE SUPREME Administrative Court yesterday rejected a petition questioning the junta’s appointment of senators on grounds that this case goes beyond the court’s scope of authority.


The petition was similarly rejected at the lower Central Administrative Court in March.

 

A group of 34 people calling themselves Thai National Citizens had filed a petition with Central Administrative Court against the National Council for Peace and Order (NCPO) and Prime Minister General Prayut Chan-o-cha. 

 

The petition said that the NCPO-appointed senatorial selection committee led by Deputy Prime Minister General Prawit Wongsuwan was unconstitutional as the panel members lacked political neutrality.

 

Neutral panel sought

 

The plaintiffs also called the court to annul the NCPO’s order, require the defendants to appoint politically neutral members to a new selection panel and seek a Constitutional Court ruling on whether appointment of senators is constitutional. 

 

The lower court ruled that the Constitution authorised the defendants to select the senators, adding that since the case was not of an administrative nature, it was beyond the court’s scope of authority. 

 

The plaintiffs then took their case to the Supreme Administrative Court in May.

 

The court ruled yesterday that since this case was not a dispute regarding state authorities’ malfeasance or misuse of power, it is outside the court’s jurisdiction. It also rejected the plaintiffs’ request for it to rule on whether the NCPO’s appointment of the senatorial selection committee was constitutional.

 

The court concluded that it agreed with the lower court’s rejection of the case.

 

Source: http://www.nationmultimedia.com/detail/politics/30371752

 

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-- © Copyright The Nation 2019-06-26

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It is all so predictable - and virtually every one of us predicted it, right from the start!

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They’re all just passing the buck like the grossly unqualified and inept men-children they are. Bunch of pontificating old men. 

 

 

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13 minutes ago, rkidlad said:

They’re all just passing the buck like the grossly unqualified and inept men-children they are. Bunch of pontificating old men. 

 

 

Who supplies the KY to the electorate? The Ben Dover's are waiting!

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Its ok, if they decide to remove some of them they have already selected 50 reserves to fill the voids. One of who i believe is the Head of the Election Commission........

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50 minutes ago, Eligius said:

Good post (above), Jonclark.

But of course this whole nonsense is just another embodiment of never-ending LIES. That is the definition of Establishment Thailand, after all: lie begetting lie begetting lie, begetting insult-to-the-intelligence (minute by minute), begetting more lies, more insults, more lies. And at the heart of it all is the biggest lie of all.

I won't go any further!

 

Well if the supreme court can't deal with it there 's only one left...the military court. So back to square 1

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1 hour ago, jonclark said:

So the question remains - Which court has the scope to rule on the selection of senators?

It gets confusing in Thailand that seems to have several (three?) "Supreme Courts" depending on the nature of the issue.

The issue of Senator qualification ultimately comes down to whether the appointments based on qualifications or lack of qualifications required by the junta-appointed Senator Selection Committee complied with the Constitution.

The Thai National Citizens needs to file a petition with the Constitutional Court.

 

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1 hour ago, smutcakes said:

Its ok, if they decide to remove some of them they have already selected 50 reserves to fill the voids. One of who i believe is the Head of the Election Commission........

Are they willing to sacrifice all these people just to keep Thanathorn out? That might cause huge ripples amongst Prayut's rats. 

 

As for the head of the EC being a sub, that would surely be where the west has to say, "Alright now. Enough is enough", right?  

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3 hours ago, jonclark said:

So really the question should be, 'under which courts scope does this then fall?' Because if all courts deem it is beyond their respective scopes to rule on then the selection of senators is effectively beyond the scope of all the laws of Thailand, which is unconstitutional as far as I am aware, as Chapter 1 Section 3 of the Constitution states

 

"...The performance of duties of the National Assembly, the Council of Ministers, the Courts, Constitutional organisations and State agencies shall be in accordance with rules of law." 

 

So the question remains - Which court has the scope to rule on the selection of senators? 

In this case, it is useless to ask relevant questions....

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