0		Investigating, Samak

The Bangkok Post reports:

The Election Commission has set up a sub-committee to investigate whether Prime Minister Samak Sundaravej is qualified to be prime minister. Election Commissioner Praphan Naikowit said the poll agency had received complaints over Mr Samak's qualifications and it felt duty-bound to accept them for consideration.

Senior attorney Prateep Pruengwong will head the sub-panel looking into the complaints.

Mr Praphan expected the investigation to take a maximum of one month to complete because the probe will focus only on legal interpretations rather than finding facts.

Those who filed complaints argued that Mr Samak was not qualified to become prime minister because he was once elected as a senator in 2006.

They cited Article 116 of the 2007 constitution which bars senators from taking up a cabinet portfolio or other political posts for two years after they leave office. Mr Samak and other senators-elect had their April 19, 2006, election results endorsed, but had no opportunity to start work.

This was because the Council for Democratic Reform (CDR) staged the coup that deposed prime minister Thaksin Shinawatra on Sept 19 and dissolved the Senate.

The CDR was renamed the Council for National Security, which became defunct when the elected government was sworn in under the 2007 constitution.

However, observers noted that Article 296 says Article 116 does not apply to senators who were elected in the last election.

They said the clause was added to the new charter because it was unfair to exclude senators elected in 2006 as they had done nothing wrong.

Interestingly, one Election Commissioner has criticised his fellow commissioners:

Election Commissioner Somchai Jungprasert has given the nod for Samak Sundaravej to serve as prime minister despite calls he may not be eligible since he once served as a senator.

"Mr Samak is fully qualified to serve as the country's leader so there shouldn't be any more demands for the Election Commission to question his right to be prime minister," Mr Somchai said. "I find it a complete waste of time and national budget to be investigating this matter when the country is already moving in the right direction. People who insisted that the EC check up on his eligibility need to have their heads examined. They just want to create more problems for our country."

The election commissioner then expressed disappointment over the low voter turnout at the advanced senate polls over the weekend.

"Few people came out to cast their ballot because current laws don't meet with their demands. For example, only one senator is allowed to be elected in Bangkok when there is large number of voters in the capital."

He urged voters to exercise their rights on March 2 - the official date that the Senate election is due to take place.

Article 296 states:

At the initial period, the persons having been senators elected for the first time under the Constitution of the Kingdom of Thailand, B.E. 2540 shall not hold positions of senators whom will be firstly acquired under this Constitution, and the provisions of section 115 (9) and section 116 paragraph two shall not apply to the persons whom elected for the last time under the Constitution of the Kingdom of Thailand, B.E. 2540.

COMMENT: Do we need a one month investigation?

Somchai also said in a TV interview urging people who want to change the law later to vote in this election and then campaign change the law later.