THURSDAY, April 25, 2024
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Sacked Somchai moves on but warns PM about legal advice

Sacked Somchai moves on but warns PM about legal advice

APPEARING unfazed, and still smiling and laughing, sacked election commissioner Somchai Srisutthiyakorn left the Election Commission (EC) office yesterday, carrying a Buddha image in a “forgiveness” posture. He said he had forgiven everyone.

After packing his belongings, Somchai told reporters that the past four years had been a difficult time, but he had already moved on as he was no longer a part of the EC.
Somchai said he had no plans to petition against any agencies although he said his sacking could be deemed a threat to independent agencies.
“I’m rather worried the PM might be getting wrong advice from legal experts, causing trouble for his administration. 
“I love him and wish him success and [hope] he continues to be the PM to do good for the country. Everybody loves him,” said Somchai, doing an about-turn after having announced earlier that he would expose what was behind his dismissal.
Somchai said he might go abroad for a month to visit his child.
His application for the secretary-general post remained in the process, he said. But he might not be there for the interview if he was required to attend during the time he was away.
Somchai said he would welcome any invitations to join news talk shows. He remained keen on commenting, not limited to election issues. 
Also, he might do Facebook live daily to comment on issues of relevance to the country.
Some 10 EC officials bade him goodbye yesterday while some colleagues gave him farewell bouquets.
Prayut on Tuesday dismissed Somchai using his special Article 44 powers, saying the move was at the request of a state agency.
The PM said the agency, related to legal affairs, had made the request because staff had felt that Somchai had caused “considerable confusion” about the date for a general election. 
Somchai had reportedly said elections would be held in October this year.
Earlier, he issued one last challenge to the PM through his Facebook page, calling on the premier to examine the legal validity of advice from his legal affairs office in regard to the controversial election date. 
If it was found that the PM had been wrong on the issue, he should “return justice to him”.
Somchai insisted that it was the EC that had the authority to determine the general election date, and that he had been right to say so. 
If that were the case, the premier should also offer him a government legal-adviser’s post and dismiss his legal affairs office instead, he posted.

‘EC decides election date’
Somchai went on in the Facebook post, headlined “The PM’s misunderstanding”, quoting clauses from the Constitution. 
Under Articles 102 and 103, it is clear that the EC would determine the election date, while the government would issue a decree paving the way for an election, he said. 
This was to ensure that a checks and balances mechanism was in place and the EC was empowered to be truly independent, he said.
Article 104 of the charter also gives the EC the power to postpone the election if it were deemed necessary, he said.
The exercise of power to dismiss a member of an independent organisation would prompt other independent-organisation members to restrain themselves for fear that they would also face the same fate, he said.
He insisted in his post that his views on the election date were in line with other legislators, including Constitution Drafting Commission chairman Meechai Ruchupan.
Somchai insisted that he had not crossed the government’s line.
Deputy PM Prawit Wongsuwan, meanwhile, refused to comment about Somchai’s latest remarks. Deputy PM Wissanu Krea-ngam also declined, simply saying “Thank you” for Somchai’s suggestions.
 

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