The Ombudsman's Office of Thailand has decided not to seek a Constitutional Court ruling on the controversial part of Section 70 of an organic law on the Election Commission (EC) on the grounds it is unnecessary.
The decision involves a petition lodged by EC member Somchai Srisutthiyakorn who says the contentious part, dubbed as the "reset" principle, would remove all five EC members appointed under the 2007 constitution from office once the law comes into effect.
Mr Somchai said this contradicts the rule of law and requires a review by the Constitutional Court. His petition was lodged with the Ombudsman last year before the law took effect.
Raksakecha Chaechai, the office's secretary-general, said the Ombudsman resolved not to forward the petition due to an earlier decision by the Constitutional Court which opens the way for the National Legislative Assembly (NLA) to have the final say on resetting independent agencies under the new constitution.
He was referring to the court's ruling on the draft law in September last year involving a section in the bill which allows current members to keep their jobs.
The Constitutional Court ruled unanimously that the organic bill that allows current members to keep their jobs does not contravene the new charter. Its decision is based on Section 273 of the 2017 constitution.
Under that section, current members of public independent agencies are allowed to continue serving after the promulgation of the charter. The organic laws, vetted by the NLA, will determine if they should be allowed to keep their jobs or should vacate their offices.
Mr Raksakecha insisted that the Ombudsman's Office has no ill-intentions towards the EC and its decision is strictly in line with the guidelines set by the Constitutional Court.
Meanwhile, NLA members are split over a proposal to ask the Constitutional Court to rule on the legality of the recently passed organic anti-graft bill.
At issue is Section 178 of the bill which allows current National Anti-Corruption Commission (NACC) members to stay on even though the qualifications for members have changed according to the new law.
Constitution Drafting Committee chairman Meechai Ruchupan has reportedly written to NLA president Pornpetch Wichitcholchai to express his concerns about the issue.
According to a source, some NLA members are concerned the petition will generate further criticism against the NACC and may be viewed as the assembly trying to pass the hot potato to the charter court.
Mr Pornpetch yesterday confirmed Mr Meechai has suggested the issue be submitted to the Constitutional Court.
There are two channels to send the matter to the Constitutional Court; one is for one-tenth of the NLA members to forward the petition and the other is for the prime minister to seek a court ruling.
