Constitution Court Ruling and Subsequent Controversy
On 24 June 2003, a petition was filed with the Constitutional Court seeking its ruling on the constitutionality of Jaruvan’s appointment by the Senate. The Constitutional Court ruled in 6 July 2004 that the selection process that led to the appointment of Khunying Jaruvan as auditor-general was unconstitutional. The court noted that the Constitution empowers the SAC to nominate only one person with the highest number of votes from a simple majority, not three as had been the case. The court stopped short of saying if she had to leave her post. However when the Constitutional Court ruled on July 4, 2002 that the then Election Commission chairman Sirin Thoopklam's election to the body was unconstitutional, the President of the Court noted "When the court rules that the selection was unconstitutional and has to be redone, the court requires the incumbent to leave the post".
However, Jaruwan refused to resign without a royal dismissal from King Bhumibol Adulyadej. She noted ""I came to take the position as commanded by a royal decision, so I will leave the post only when directed by such a decision."
The commission had suspended her salary and position allowance one day after the Constitution Court ruling. The commission then told Khunying Jaruvan to hand over her duties and any state property to the Office of the Auditor-General.
Read more about this topic: Jaruvan Maintaka
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