Constitution Drafting Committee (CDC) chairman Borwornsak Uwanno has threatened to file a counter-suit against some members of the National Reform Council (NRC) who reportedly plan to sue 21 CDC members if they vote on the draft charter.
His move follows recent concerns that the 21 NRC members who also served on the 36-member CDC might have a conflict of interest if they intend to join the NRC's voting on the draft charter on Sunday.
Critics say that as members of the charter drafting panel they should avoid the vote and leave the matter to the rest of the NRC.
Mr Borwornsak, who is also the NRC deputy chairman, disagrees with the opponents. He says the 21 members have the same voting rights as anyone else.
Former protest leader Suthep Thaugsuban, now chairman of the Muan Maha Prachachon for Reforms Foundation, tells reporters yesterday his group backs the draft charter. (Photo by Somchai Poomlard)
Critics appear to have sour grapes, as they are likely to have concerns over the controversial draft charter, he said. He challenged the critics to go ahead with their suit. "If they do, I'll file a counter-lawsuit against their false claim," he said.
The right of the 21 to vote is supported by the interim charter, he said.
He said if a prohibition against voting is proposed, under Thai political tradition, it must be clearly stated as a rule and regulation.
Also, the charter drafters in 1997 and 2007 also set precedents that the drafters had voting rights.
Mr Borwornsak played down worries over a conflict of interest. Taking voting in the National Legislative Assembly as an example, he said officials who are NLA members already vote to enact laws on officials' salaries and budgets without problems.
Also, previously, members of the Lower House who sat on committees making changes to various bills at the House's second reading, could later vote in the third reading to pass the laws, he added.
These political traditions have been in place for 83 years, "but the problem has erupted because some don't like this draft charter and want to shoot it down by whatever means", Mr Borwonsak said.
Another move to stop the 21 NRC members voting has emerged from lawyer Chalermsak Kanchanasirathip, who recently asked the Office of the Ombudsman to inspect their ethical conduct.
He asked the office to petition the Constitutional Court to rule on whether they can take part in the vote.
Mr Borwornsak yesterday tried to calm the draft charter opponents, reminding them the NRC vote is not the final say, as the public will also get to vote on the draft charter in a referendum, assuming the draft is approved.