A member of the Election Commission (EC) has challenged a proposal of the National Legislative Assembly's panel tasked with the drafting of an organic law regarding the EC to set zero or to replace the entire 5-member commission.
Posting an opinion in his Facebook page, Mr Somchai Srisutthiyakorn raised four questions from the EC regarding the controversial proposal from the NLA's panel.
1. Is issuing a law which has retroactive effect in a way which has ill effects on people against the rule of law? Was there any such law which was promulgated in the past? Can this be a good model for a state which is ruled by the law?
2. Why four of the five election commissioners who are highly qualified and have gone through the screening process have to be removed because of the claim that the EC jobs are highly responsible and the commissioners must be highly qualified so the incumbents have to be removed?
3. The B.E. 2550 Constitution clearly specifies that the terms in the office of each EC member are specific for each individual like members of the other independent organization. If any member of the EC is dead, dies or retires, the newcomer's term is seven years and not the rest of the term of the predecessor.
4. Regarding the remark that set zero is not a standard practice to be applied to the other independent organizations besides the EC and that a law may be drafted in a way to allow members of the other independent organizations to stay on until the end of their terms, does it mean that these organizations are less important than the EC?
Mr Somchai noted that any law which does not adhere to the rule of law or illogical or which will set a bad precedence should not have happened in the Thai society.
Source: Thai Public Broadcasting Service (Thai PBS)