Issuing an order for Subdistrict Administrative Organization Mayorto be removal from their positions in accordance with the District Assembly and District Administrative Organization Act B.E. 2537: In case study of the supreme count of Administrative Court of Judgment DOI:

Abstract

This article is an academic with the objective of studying the Supreme Administrative Court's judgment is related to issuing an order to dismiss the executives of the sub-district administrative organization from their positions. There are the three main points from the study as following:

            1) The District Chief has the power to issue an order for the Subdistrict Administrative Organization executive to be removed from office in the 2 cases : the Subdistrict Administrative Organization executive lacks qualifications or has prohibited characteristics according to Section 58/1. Pursuant to Section 64 (4) and performing prohibited acts or violating the law, Section 64/2, pursuant to Section 64 (5), the Subdistrict Council and Subdistrict Administrative Organization Act, B.E. 2537 only.

          The governor's power to issue an order to dismiss a sub-district administrative organization executive from his/her position is only granted in cases where the sub-district administrative organization executive intentionally neglects or fails to perform his/her duties, which will cause serious damage to the government, or performs his/her duties in a manner inconsistent with his/her duties, or behaves in a manner that violates peace and order, according to Section 92, paragraphs one and two of the Sub-district Council and Sub-district Administrative Organization Act, B.E. 2537.

          Therefore, the power to issue an order for the executives of the sub-district administrative organization to be removed from their positions as district chiefs and provincial governors is different.

          2) In the case where the Subdistrict Administrative Organization Mayor lacks qualifications or has prohibited characteristics according to Section 58/1 of the Subdistrict Council and Subdistrict Administrative Organization Act B.E. 2537, it must be considered together with the Local Council or Executive Election Act B.E. 2562. As for the behavior according to Section 58/1, it may occur before applying for election or while holding the position of Subdistrict Administrative Organization Mayor.

         3) Issuing an of an order by the district chief and provincial governor to remove the administrator of a local government organization from office is an administrative order.Therefore, Executives of the sub-district administrative organization shall not agree with the order, they can the rights by filing a lawsuit with the Administrative Court because the Sub-district Council and Sub-district Administrative Organization Act of 1994 stipulates that the power of the district chief and the provincial governor is final, by there is no provision regarding the appeal of administrative orders.