The following day he packed up his belongings at Government House to show he would no longer take any role in the conduct of the high office. The Office of the Secretary to the Cabinet followed up with a document to confirm Thaksin's retirement. Chidchai Vanasatidya, the caretaker deputy prime minister, has ever since taken charge of the premiership on Thaksin's behalf.

This situation is rather complicated. Before he announced his retirement, Thaksin had come under pressure from the Thai elite and the People's Alliance for Democracy to resign outright. But he made a tactical retreat by declaring that he would not take up the premiership after Parliament convened to pick the country's new leader. By so doing, Thaksin managed to keep his power as caretaker prime minister.

His aim was to convene Parliament in order to render legitimacy to a new government under the sweeping control of the Thai Rak Thai. Thaksin had been arguing all along that he had played strictly by democratic rules. Political forces outside the parliamentary system could not legally unseat his government.

Thaksin then went on a grand global tour to meet with the leaders of the UK, France, Russia, Japan, China and the United States. The trip was meant for domestic consumption. The public would see him as still being their leader, who could still mingle comfortably with other presidents and prime ministers. But it proved to be a very awkward diplomatic manoeuvre because the other leaders did not quite know in what capacity they had to deal with Thaksin, a caretaker prime minister who had no clear agenda and who would not become prime minister during the transition period of political reform.

Back home, where caretaker deputy prime minister Chidchai had been presiding over the Cabinet as caretaker prime minister, Thaksin behaved as if he was unemployed. When reporters asked him questions he would turn them away saying, "Don't ask me anything because I am unemployed. I no longer have any official duty." Then he went out to play golf during official working hours.

Under Thai law, once a government dissolves Parliament, the prime minister and the Cabinet will assume a caretaker role until the new leader and the new Cabinet are installed. During this period, the caretaker government is supposed to reduce its role to guarding the continuity of national affairs in preparation for a handover to the new administration.

The case of Thaksin is very interesting. He would like to keep his title of caretaker prime minister but at the same time does not want to be responsible for any official duties. In effect, he has run away from his work. Can he then still be considered a caretaker prime minister?

The Law Society of Thailand has filed a suit with the Supreme Administrative Court against the Cabinet resolution that illegally allowed Thaksin to become a loose cannon. All this time, Thaksin could still get the salary and other benefits of a prime minister or caretaker prime minister. By so doing, Thaksin could be in violation of the Political Office Holders Act of 1992. The Law Society of Thailand would like Thaksin to return all the salaries and benefits he has received since April 5 back to the state coffers.

Realising he might make a blunder, Thaksin has rushed back to attend important functions to show he is still caretaker prime minister. For instance, he took part in the celebration of Coronation Day as head of the government. How can Thaksin renounce his official duties one day, only to take them up again the next?

Some legal experts have interpreted Thaksin's announcement of his retirement from his official duties as prime minister as an outright resignation. Therefore, Thaksin has not been prime minister since April 5. His Cabinet, as such, also has to go. If this were to prove the case, Thailand will face a complete void in the Executive Branch. Of course, the constitutional experts from the government wing would view the matter otherwise.

But for the moment, the judges have their day. If the Supreme Administrative Court were to issue a verdict that the Executive Branch has been void since April 5, then it is a completely new ballgame. For this would technically open a channel to appoint an interim government in line with Article 7 of the Constitution.

Thanong Khanthong

The Nation