Page:Constitution of the Kingdom of Thailand (2560BE).pdf/79

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Supreme Court, membership of the House of Representatives or the Senate of such person shall terminate as from the date of cessation of performance of duties.

A Member of the House of Representatives or Senator who ceases performing duties under paragraph four shall not be included in the total number of existing members of the House of Representatives or the Senate, as the case may be.

This section shall also apply mutatis mutandis to an election of members of the local assembly or a local administrator. However, the power of the Supreme Court shall vest in the Court of Appeal, and the order or judgment of the Court of Appeal shall be final.

The trial and adjudication of the Supreme Court or the Court of Appeal under this section shall be in accordance with the rules of the plenary meeting of the Supreme Court, which shall adopt the inquisitorial system, and shall be done in an expeditious manner.


Section 227. During the period in which a Royal Decree calling an election of Members of the House of Representatives or a selection of Senators or a Notification calling for a referendum is in force, no Election Commissioner shall be arrested, detained or summoned by a warrant for inquiry, except where permission of the Election Commission is obtained or where the arrest is made in flagrante delicto.

In the case where an Election Commissioner is arrested in flagrante delicto, or where an Election Commissioner is arrested or detained in other cases, a report shall be submitted forthwith to the Chairperson of the Election Commission, and the Chairperson shall have the power to order the release of the person so arrested, but if the Chairperson of the Election Commission is arrested or detained, the remaining Election Commission shall have the power to order a release.


Part 3

Ombudsmen



Section 228. There shall be three Ombudsmen appointed by the King upon the advice of the Senate from persons selected by the selection committee.

The selected persons must be persons with evident integrity and with knowledge and expertise, two of whom shall have experience related to the administration of State affairs in the position not lower than a Director-General or an equivalent head of government agency or a head of a State agency at least comparable to a department as prescribed by the selection committee, provided that they must hold such position for a period of not less than five years, and one of whom shall have experience in the operation of a public undertaking for a period of not less than twenty years.