PROBLEMS WITH THE REMOVAL OF LOCAL COUNCIL MEMBERS OR LOCAL ADMINISTRATORS, ACCORDING TO THE ACT ON VOTING TO REMOVE LOCAL COUNCIL MEMBERS OR LOCAL ADMINISTRATORS, B.E. 2542

Abstract

Abstract

                This research aims to 1) study concepts, theories, foreign laws, Thai laws related to the removal of local political office holders, 2) study problems of the Act on Voting to Remove Local Council Members or Local Administrators B.E. 2542, 3) to analyze and find solutions to problems of the Act on Voting to Remove Local Council Members or Local Administrators B.E. 2542. It is qualitative research. The research method is to study books, articles, research reports, theses, electronic media, compare foreign laws, and draft laws.

          The study found that removal from office is a political power given to the people. According to the concept of sovereignty, the people have sovereignty and can use their power to reclaim power from those who hold political positions that they believe should not continue to hold office, based on the rule of law to create fairness and equality, and a peaceful society. It can be seen that the law on the removal of political office holders in Thailand does not clearly state the grounds for removal. The number of votes used for removal is too high. The wording on the ballot paper is still ambiguous and confusing. The Act on Voting to Remove Local Council Members or Local Administrators B.E. 2542 (1999) must be amended to reduce the proportion of votes for removal to increase the chances of removal. The grounds for removal must be clearly stated, showing the facts of the circumstances that are the grounds for removal. The text on the ballot paper must be clear to indicate the opinions of the people who signed the petition for removal.