Legal Problems in Determining the Term of Office of Subdistrict and Village Heads

Abstract

This research, entitled Legal Issues Concerning the Determination of the Term of Office of Subdistrict Heads (Kamnan) and Village Heads (Phuyaiban), aims to examine the legal development regarding the positions of subdistrict and village heads, analyse This research on legal issues concerning the term of office for village headmen and sub-district headmen aims to study the legal development related to the positions of village headmen and sub-district headmen, analyse the problems arising from the fixed term limits, and propose appropriate solutions for the current social and local governance context. This research is a documentary study using legal provisions, including the Local Administration Act of 1914 and its amendments, such as the Local Administration Act (No. 12) of 2008, which amended Section 12 to stipulate a five-year term for village headmen instead of until the age of 60. The study also examines Supreme Court judgments and related academic works.

The findings reveal the legal structure related to term limits, the ambiguity and inconsistency of legal provisions, and the impact of "no term limit" or "excessively long terms" compared to international systems or other local government organizations.

The research recommends establishing clear term limits that align with democratic principles. This could involve amending Section 12 of the Local Administration Act to specify an appropriate term limit, coupled with the creation of a systematic mechanism for monitoring and evaluating performance. To strike a balance between preserving local traditions and upholding the rule of law and efficient public administration.