The Problem of Granting the Provincial Governors or the Sheriffs the Power to Supervise the Local Government Organizations under the Municipal Law

Abstract

Background and Aims: The municipality is a local government organization under the supervision of the provincial governor or district chief, as the case may be. The provincial governor or the minister of the interior has the power to order the mayor and deputy mayor to leave office The actions of the regulator are therefore characterized as administrative orders. Some issues should be studied regarding such events and what criteria should be used. Or how much power should be given to the regulator in supervising the municipality to be suitable for the principle of autonomy of the local government organization? By considering the principles of supervision Including the use of the discretion of the provincial governor or the Minister of Interior. In considering and ordering the mayor Deputy Mayor leave office To find guidelines and legal methods regarding governance models for local government organizations (municipalities) that are appropriate for Thailand to be independent according to the intent of the constitution.

Methodology: This research is qualitative research and documentary research, including law, books, academic journals, articles, essays, research papers, as well as various documents in both Thai and foreign languages. It provides analysis and suggestions based on the purposes of the research.

Results: The decision of the provincial governor or the Minister of Interior is given to the mayor. Deputy Mayor Retired from office according to Section 73/1 of the Municipality Act B.E. 2496 (1953), The judiciary or administrative court should play a role in protecting the basic rights guaranteed by the constitution. This is according to Section 249 because the judiciary is an organization that exercises the sovereignty of the state and cannot be neutral. Have any interest in the administration of the municipality? Therefore, the Administrative Court of First Instance comes in to investigate and issue an order or judgment. In the case of the mayor Deputy Mayor Deliberately abandons or neglects to perform duties by powers and duties which will cause serious damage to the government service, or acting contrary to authority and duties or behaving in violation of peace and order According to the provincial governor, in his capacity as administrator, he filed the case. Such cases should be designated as special administrative cases. To be consistent with the principles of governance, it must be done only to the extent necessary to protect the interests of local people or the interests of the country as a whole.

Conclusion: The study the municipal independence and guarantee of the principles of governance, must be done only as necessary. The Municipality Act, B.E. 2496 (1953), Section 72, Section 73 should be repealed. and Section 73/1 to provide the case for ordering the Mayor Deputy Mayor Resignation from office is not under the authority of the administrative state organization, namely the Minister of the Interior or the provincial governor. However, the provincial governor shall have the authority to file special administrative cases with the Administrative Court of First Instance that has jurisdiction. This is following the law on the establishment of administrative courts and administrative court procedures.