Jaruvan Maintaka

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Cartoon from 27 September 2006 Krungthep Thurakit, depicting Jaruvan Maintaka sweeping corruption with a rifle.

Khun Ying Jaruvan Maintaka (Thai: คุณหญิง จารุวรรณ เมณฑกา), born 1947, is the current Auditor-General (Thai: ผู้ว่าการตรวจเงินแผ่นดิน) of the Kingdom of Thailand. She is well known for refusing to leave her position after the Thai Constitution Court ruled her nomination was illegal as well as her criticism of Premier Thaksin Shinawatra.

[edit] Early life and education

Jaruvan was the oldest girl in a family of eight children. She converted to Catholicism as a teenager. After attaining a bachelor’s degree from the commerce and accountancy faculty at Chulalongkorn University she worked as an auditor. She is married and has three children. She graduated with an MBA from Michigan State University on Thai government scholarship^[1]. Upon returning to Thailand, she joined the Thai Office of the Auditor-General.

[edit] Career as Government Auditor

In her auditing and accounting career, Jaruvan served as secretary-general and then vice chairman of the Institute of Internal Auditors of Thailand. She was also an auditing board member of the Civil Service Commission. She was also a member of the State Audit Commission (SAC, Thai: คณะกรรมการตรวจเงินแผ่นดิน) and Deputy Auditor General in the Office of the Auditor General.

[edit] Appointment as Auditor-General

Jaruvan was one of three nominees for the position of auditor-general in 2001, along with Prathan Dabpet and Nontaphon Nimsomboon. Prathan received 5 votes from the 8-person State Audit Commission (SAC) chairman while Jaruvan received 3 votes. According to the constitution, State Audit Commission chairman Panya Tantiyavarong should have submitted Prathan's nomination to the Senate, as he received the majority of votes.

However, on July 3, 2001, the SAC Chairman submitted a list of all three candidates for the post of auditor-general to the Senate, which later voted to select Khunying Jaruvan Maintaka. For his decision, SAC Chairman Panya Tantiyavarong was later found by the Criminal Court to be guilty of malfeasance and was sentenced to serve three years in jail^[2].

Jaruwan was appointed auditor-general on December 31, 2001 for a term of 5 years. She was responsible for carrying out all audit for government agencies. The questionable nature of her appointment would made her term a controversial one.^[3]

[edit] Constitution Court ruling and subsequent controversy

On 24 June 2003, a petition was filed with the Constitutional Court seeking its ruling on the constitutionality of Jaruvan’s appointment by the Senate. The Constitutional Court ruled in 6 July 2004 that the selection process that led to the appointment of Khunying Jaruvan as auditor-general was unconstitutional. The court noted that the Constitution empowers the SAC to nominate only one person with the highest number of votes from a simple majority, not three as had been the case. The court stopped short of saying if she had to leave her post^[4]. However when the Constitutional Court ruled on July 4, 2002 that the then Election Commission chairman Sirin Thoopklam's election to the body was unconstitutional, the President of the Court noted "When the court rules that the selection [process] was unconstitutional and has to be redone, the court requires the incumbent to leave the post".^[5]

However, Jaruwan refused to resign without a royal dismissal from King Bhumibol Adulyadej. She noted ""I came to take the position as commanded by a royal decision, so I will leave the post only when directed by such a decision."^[6]

The commission had suspended her salary and position allowance one day after the Constitution Court ruling. The commission then told Khunying Jaruvan to hand over her duties and any state property to the Office of the Auditor-General.

[edit] Replacements appointed

The SAC appointed Puangrat Vongpo, her deputy, as acting auditor-general on July 8^[7]. When Puangrat retired on Sept 30, 2004, the commission appointed Jerarat Noppawong na Ayutthaya as acting auditor-general, effective from Oct 1.

The State Audit Commission later nominated Wisut Montriwat, former deputy permanent secretary of the Ministry of Finance, for the post of Auditor-General. The Senate approved the nomination on 10 May 2005. However, King Bhumibol Adulyadej, in an unprecedented move, withheld his royal assent. The National Assembly did not hold a vote to overthrow the royal veto. On October 2005 the Senate rejected a motion to reaffirm her appointment, and instead deferred the decision to the SAC^[8].

The appointment of a replacement for Jaruvan was strongly criticized by the powerful Wang Nam Yen faction of the Thai Rak Thai party, especially by MP Pramuan Ruchanaseree and faction leader Snoh Thienthong^[9][10][11]. In late 2005, the issue came close to breaking the Wang Nam Yen-faction from the TRT.

The controversy led many to reinterpret the political role of the King in Thailand's constitutional monarchy.

[edit] Protesting against the Thaksin government

While her status as Auditor-General was still in contention, Jaruvan joined the Democrat Party and the People's Alliance for Democracy in petitioning the King to replace Thaksin Shinawatra as Prime Minister. However, demands for royal intervention met with much criticism. The King himself, in a speech on 26 April, responded "Asking for a Royally appointed prime minister is undemocratic. It is, pardon me, a mess. It is irrational"^[12]

[edit] Reinstatement

On 15 February 2006 The State Audit Commission (SAC) decided to reinstate Auditor-General Khunying Jaruvan Maintaka. Its unanimous decision came after it received a memo from the Office of King Bhumibol Adulyadej's Principal Private Secretary, advising that the situation be resolved^[13]. The SAC concluded by unanimous vote that the royal command that appointed Jaruvan was still in effect, despite the Constitution Court's ruling that her appointment was illegal and unconstitutional.

[edit] Royal Decorations

Jaruvan was appointed to Most Illustrious Order of Chula Chom Klao as a Companion (Third Class), which gives her the title of "Khunying".^[14]

[edit] Notes

[edit] References

• http://www.nationmultimedia.com/specials/polcrisis/p3.php, Chronology of events in the auditor-general’s deadlock, Nation August 30, 2005

• http://www.nationmultimedia.com/specials/polcrisis/p26.php, Jaruvan waits for royal word, Nation September 09, 2005

• http://bangkokpost.net/News/05May2006_news01.php, Poll booths 'the decider', Bangkok Post Friday May 05, 2006

• http://nationmultimedia.com/2005/06/27/national/index.php?news=national_17840338.html, OAG says Jaruvan no longer at the helm, Nation June 27, 2005

• http://www.bangkokpost.net/News/22Aug2005_opin36.php, Jaruvan issue puts futures on hold, Bangkok Post Monday 22 August 2005

• http://www.nationmultimedia.com/2006/02/02/headlines/headlines_20000110.php, Committee agrees to reinstate Jaruvan as auditor-general, Nation February 16, 2006

• http://www.nationmultimedia.com/2005/05/29/headlines/data/headlines_17523472.html, GOD’S ON MY SIDE, Nation May 29, 200

• http://www.bangkokpost.net/060505_News/06May2005_news07.php, Sudarat one of this year's new khunying, Bangkok Post 6 May 2005

[edit] External Websites

• http://www.oag.go.th/ Website of the Office of the Auditor-General (Thai)
• http://www.oag.go.th/information/directors/oag01000305.htm Official profile in website of the Office of the Auditor-General (Thai)