Violation of articles
The letter asks Nikom to forward the petition to the Constitution Court to rule on whether Varathep’s appointment is in violation of articles 175 (5) and 182 (3) (5) of the charter.
Prasarn believes Varathep, who was sentenced to a two-year suspended jail term in September 2009 over the lottery scandal, is ineligible because the law states that officials who’ve been sentenced for corruption are automatically banned from politics for five years.
Some academics have stated that Cabinet members should be held to a higher level of ethics.
Prime Minister Yingluck Shinawatra yesterday defended Varathep, saying his appointment is constitutional and no related agencies have opposed it. However, the opposition party and the senators are free to state their case, she said.
Yingluck also praised red-shirt co-leader Jatuporn Promphan for not making an issue out of not being appointed to a Cabinet post.
“Some things need to consider reason and timing and this doesn’t mean Jatuporn doesn’t care for the people,” she said.
Varathep said he is not worried about the moves to disqualify him. He expressed confidence that his appointment is constitutional.
He said that the vetting of his suitability for the post was made transparently. It’s up to the Senate speaker to decide whether to forward the letter to the Constitutional Court, he said.
In the meantime, Varathep vowed to immediately carry out his duties.
Further, he defended his morality and said if the law bars him from taking the post, then he would not be permitted to do so.
As for the two-year suspended sentence he received, he said that period is now over as it’s been more than three years now.
Asked if he felt pressured that he’s facing opposition even before he begins his job, he replied that’s a normal predicament for a politician.