The row over the auditor general's position continues, with Khunying Jaruvan Maintaka insisting on holding the office until her successor is formally appointed, while her deputy Pisit Leelawachiropas insists that she vacate the seat now that she has reached retirement age.
The Nation's Somroutai Sapsomboon addresses some points related to the issue:
THE REAL CAUSE OF THE PROBLEM:
Pisit insists Jaruvan should have stepped down when she turned 65 on July 5, while Jaruvan insists she should stay until her successor is chosen.
THE ARGUMENTS:
According to Order No 29 of the Council for Democratic Reform, which staged the September 2006 coup, the auditor-general could remain in her post until September 30, 2007 and her successor would be chosen within 90 days after she vacates her seat. The order also stated that while waiting for a successor, the incumbent office holder must continue as caretaker. Jaruvan insists that she will be accused of negligence if she leaves before a successor is appointed.
Pisit is sticking by the Council of State's suggestion, which says that according to the act regulating the agency, the auditor-general should retire at the age of 65. The council also said that Jaruvan should have vacated her seat 90 days after September 30, 2007. The council is the government's legal advisory agency.
THE SUPPORTERS:
Jaruvan has the backing of legal advisers to the Senate speaker, including Senator Paiboon Nititawan, as well as legal experts such as former constitution drafter Komsan Pothikong, an unnamed former judge, and Prasong Soonsiri, former chairman of the Constitution Drafting Committee. Senate Speaker Prasopsuk Boondej has also made comments that match Jaruvan's arguments.
Earlier, Jaruvan requested that the Cabinet consult the Council of State about her status, but later she sought advice from the Senate speaker's legal advisers in a letter on July 21. After obtaining a reply the same day, Jaruvan wrote to the Council of State on July 30 seeking to withdraw the Office of the Auditor-General's request for a clarification on her status. How-ever, the council said it was too late for a withdrawal as it had decided that she retire at the age of 65.
The Council of State mainly supports Pisit's stance, which also appears to be backed by the government. Senator Ruangkrai Leekit-wattana, who like Pisit was once Jaruvan's close aide, is also campaigning for her to retire.
HOW THIS ISSUE MIGHT END:
It has been suggested that the case be taken to the Constitution Court or the Administrative Court. Jaruvan has said she would follow a court ruling on the matter, though both she and Pisit decided not to take the case to court. Jaruvan insists her actions are in line with the law, while Pisit is sticking with the Council of State's decision. He has asked why the Office of the Auditor-General, which had previously followed all of the council's suggestions, would make an exception this time around. Ruangkrai, meanwhile, has petitioned with the Ombudsman's Office to seek a Constitution Court ruling on Jaruvan's status.
WHY A SUCCESSOR HAS NOT YET BEEN CHOSEN:
The new state-auditing law has yet to be put into force. The post-coup National Legislative Council passed the draft law despite the lack of quorum and the Constitution Court later ruled that it be scrapped. The draft law was later resubmitted and passed by the House, but it did not garner sufficient votes in the Senate. It is now undergoing the process of confirmation by the Lower House, before being promulgated. Without the law, the panel in charge of selecting a new auditor-general has postponed the process.
PROBLEMS THIS ROW IS POSING:
Pisit, as acting auditor-general, has issued a memo informing staff and other state agencies that Jaruvan had vacated her position. Jaruvan, meanwhile, issued an order relieving Pisit of his caretaker's post. Now a problem has arisen about who is authorised to sign documents as auditor-general. With the row still not settled, agencies face problems dealing with the Office of the Auditor-General and some, fearing legal problems, are waiting for the matter to be settled first.