Yingluck: 'Double removal' not possible

Yingluck: 'Double removal' not possible

Caretaker Prime Minister Yingluck Shinawatra insists she cannot be doubly removed from office as she has already been relieved of duty after the Dec 9, 2013 House dissolution.

She was referring to the Constitutional Court's acceptance of a petition to consider her position as premier following the court decision over the transfer of Thawil Pliensri, secretary general of the National Security Council.

The petition was submitted by 27 senators led by appointed senator Paibul Nititawan. 

Ms Yingluck cited Section 180(2) of the 2007 constitution, which provides: "Ministers vacate office en masse upon the dissolution of the House of Representatives".

With the House dissolution, she said she had returned power to the people. 

Her status now is simply as caretaker prime minister as required under Section 181: "The outgoing Council of Ministers shall remain in office to perform duties until the newly appointed Council of Ministers takes office; but, in the case of the vacation of office under section 180(2), the Council of Ministers and Ministers may perform duties only to the extent of necessity ...". 

"As a result, there is no reason the Constitutional Court should accept the petition," Ms Yingluck wrote on her Facebook page.

She claimed the court's decision had set a new standard as it marked the first time it had accepted a case involving personnel management even though the Administrative Court had already ordered Mr Thawil's reinstatement and responsible agencies had complied.

For checks and balances to work, the three powers — the legislative, administrative and judicial branches — must be balanced, she wrote.

In light of political conflicts, independent organisations should check the government based on the principles and scope of duties afforded them under the charter without overstepping the three powers.

Above all, they must refrain from driving a wedge into society by applying double standards, Ms Yingluck wrote.

"I plead with all sides to perform their duties based on appropriate, fair and internationally accepted principles to set examples for posterity," she wrote.

Ms Yingluck's cabinet removed Mr Thawil from the position of secretary general of the NSC to the post of prime ministerial adviser in 2011.

He was replaced by Pol Gen Vichien Pojposri, then the national police chief, who was replaced by Pol Gen Priewpan Damapong, a brother of Khunying Potjamarn Na Pombejra, Thaksin Shinawatra's ex-wife, and finally by Lt Gen Paradorn Pattanabut.

Mr Thawil lodged a complaint with the Central Administrative Court, accusing Ms Yingluck of unfair treatment. The court ruled in his favour and Ms Yingluck appealed to the Supreme Administrative Court.

She claimed that as head of the government she had the authority to transfer officials to ensure the national administration was in line with the government's policy manifesto.

The Supreme Administrative Court ruled on March 7 that while the prime minister could exercise her judgement in transferring personnel, there must be plausible reasons to justify her decisions. Transfers should be free from bias or political preferences.

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