The Supreme Administrative Court has overturned a lower court’s refusal to hear a challenge by the chairman of the National Broadcasting and Telecommunications Commission (NBTC) against the NBTC selection committee’s ruling on his qualifications.
A source said on Wednesday the court issued its order on Monday, directing the Central Administrative Court to accept the lawsuit filed by NBTC chairman Sarana Boonbaichaiyapruck and consider his request for interim measures pending a final judgement.
The Supreme Administrative Court found the NBTC selection committee’s July 21 ruling directly affected Dr Sarana’s legal status, rights and duties. It therefore constituted an administrative order that could be challenged before the Administrative Court to determine whether it was lawful. Dr Sarana’s filing with the Central Administrative Court on Aug 3 also fell well within the 90-day statutory period, as he became aware of the selection committee’s ruling on July 22. The Supreme Administrative Court therefore ruled that Dr Sarana had the right to bring the case before the Central Administrative Court.
However, the latest order concerns only whether the lawsuit should be admitted for judicial consideration. It does not determine whether the selection committee’s ruling was lawful, nor does it constitute a final ruling. Those issues will have to be considered by the Central Administrative Court. Dr Sarana was selected by the Senate as an NBTC commissioner on Dec 20, 2021, before being appointed NBTC chairman by royal command, effective April 13, 2022. The dispute arose after the NBTC selection committee ruled on July 21 that he lacked the qualifications to hold office because he had failed to resign from posts prohibited under the NBTC law before becoming eligible to assume the commissioner post.
Dr Sarana disagreed with the ruling, arguing the selection committee no longer had the authority to determine his qualifications after he had been formally appointed to the NBTC by royal command. He later filed a lawsuit with the Central Administrative Court seeking an order to revoke the NBTC selection committee’s ruling on his qualifications. The Central Administrative Court initially refused to accept the lawsuit.
It said that once Dr Sarana had been appointed NBTC chairman by royal command, any removal from office under circumstances prescribed by law would have to follow statutory procedures. The lower court found that, at that stage, Dr Sarana could not yet be regarded as having suffered harm or been directly affected by an act of the NBTC selection committee. It ruled he did not have the right to bring the lawsuit.