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ดุลพาห

(2) Administrative power means the power which is used to ensure that
administrative offices abide by the law. It is not the relationship between the

commander and his/her subordinates but rather a relationship between a governing
body and the administrative office being governed. Administrative powers can

only be invoked by law and used in the manner as set out by the law.

Crucially, the central authority, acting in its supervisory capacity, is not

legally allowed to direct local governing bodies under its supervision in carrying
out the latter’s management of their respective communities. The supervisory

power merely entails a duty to observe and insist upon the supervisees to respect
and comply with the relevant rules and procedures. To this end, the central

governing entity does not have the administrative privilege to sanction certain
behaviors or decisions by agents of the local authorities of which it does not

approve. Nevertheless, the central administration retains an ultimatum to remove
a local official whose acts are proved to be in violation of the relevant laws.
40

As a result, it can be said that local administration has developed as a
distinct branch of the public administrative structure from the hierarchy of the

central administration. In the interest of effective operation and accountability, the
administrative procedural law acts as a bridging device connecting both branches.

If the central governing body fails to comply with the administrative procedural
law in overseeing the local administration, any relevant actions will be unlawful

and can lead to subsequent revocation of such actions. A case in point is Supreme
Administrative Court’s judgment No. Or. 327/2550, which The ruling of the Governor

rendered by virtue of Section 19 paragraph 2 of the Municipal Act B.E. 2496 (1953)
caused the membership of the Municipal Council to terminate on the day the dispute

arose. Such ruling is an administrative order pursuant to Section 5 of the Administration

40. Achaporn Jarujinda, Law and State Administration, Internal Archives, Office of the Council of State,
2012, at 4-5.

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