Discretionary power or absolute power of Command According to Articles 22, 23/1 and 71 of the Cooperative Act B.E. 2542 to Administrative law

Abstract

           A cooperative, if it is not encouraged to access knowledge of accounting and management systems, may issue a cease-and-desist order under section 71 (2) of the Act in accordance with section 22, the cooperative shall be affected.It is in the public interest that cooperative members are affected if such an order is issued. Therefore, it must be interpreted that the words in the chapter are not "discretion power". "Tiered power" Therefore, state actions must always be subject to the power of law. When there is no power to do so, before the registrar gives an order to terminate the cooperative pursuant to section 71 (2), the registrar must issue the order in the order of section 22 (1) - (4) accompanying section 23/1 first. It is recommended to amend the main clause as follows.
           Article 22, In the event that the Board of Directors performs or abstains from performing their duties that may impair the interests of the cooperative or its members or the cooperative has defects in accounting or business or financial status according to the audit report, the cooperative registrar shall issue the following instructions in order:
          "Article 71, when the procedures of Articles 22 and 23/1 have been followed, but such defects cannot be corrected, the cooperative registrar has the authority to terminate the cooperative when it appears that