The Sangha Supreme Council's (SSC) nomination of Somdet Phra Maha Ratchamangalacharn to become the new supreme patriarch is against the law, according to the Office of the Ombudsman.
Office of the Ombudsman secretary-general, Raksakecha Chaechay, on Friday announced the office's ruling on the matter following a petition by Paiboon Nititawan, the former chairman of the now-defunct National Reform Council (NRC) committee on religious affairs.
Mr Paiboon petitioned the Office of the Ombudsman to interpret Section 7 of the Sangha Act which deals with nominating new supreme patriarchs in order to determine whether initiating the nomination of the supreme patriarch is the responsibility of the prime minister or the SSC.
Paiboon: Petitions against SSC nomination
Mr Paiboon said he doubted whether the SSC had the legal authority to unilaterally hold a secret meeting on Jan 5 in order to nominate Somdet Phra Maha Ratchamangalacharn to become the new supreme patriarch.
Mr Raksakecha said the office has concluded that the authority to initiate selection of the supreme patriarch rests with the prime minister who will have to present the name of the most senior monk to the SSC for endorsement.
After the SSC's endorsement, the name of the nominee will be submitted to the prime minister through the National Office of Buddhism (NOB).
But before the prime minister can forward the name to His Majesty the King for final endorsement, he must ask the SSC to verify whether the nomination process was correct or not. In light of this, the SSC's nomination on Jan 5 of Somdet Phra Maha Ratchamangalacharn, also known as Somdet Chuang, did not comply with the legal process, he said.
Mr Raksakecha added that the NOB had considered the matter carefully and sought advice from several experts on the issue.
However, NOB deputy director Chayapol Pongsida on Friday insisted the SSC's nomination followed legal procedures, saying the NOB has submitted the nomination to PM's Office Minister Suwaphan Tanyuvardhana.
Addressing the Office of the Ombudsman's conflicting view with the NOB, Mr Chayapol said the prime minister will have the final say on the matter.
Deputy Prime Minister Wissanu Krea-ngam said he has been informed of the Office of the Ombudsman's ruling on the matter.
However, no one had previously bothered to question whether the nomination process was incorrect or not, he said.
Mr Wissanu added that the government has always respected the SSC's decisions.
Former NRC member Mano Laohavanich yesterday called on Somdet Chuang to step down as acting supreme patriarch and also to quit as the abbot of Wat Pak Nam Phasi Charoen.
Mr Mano said it is not proper or appropriate for the 90-year-old senior monk to continue performing the supreme patriarch's duties while the Department of Special Investigation (DSI) is looking into a luxury car tax evasion case involving him.
Somdet Chuang was linked to the case after his signature was found on an illegal registration form for a vintage Mercedes-Benz he owned.
The DSI is in the process of inviting the acting supreme patriarch in for questioning over his alleged involvement in the tax evasion scam.
