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 on 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. 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". 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." 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.
Replacements appointed The SAC appointed
Puangrat Vongpo, her deputy, as acting auditor-general on July 8. 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. In October 2005 the Senate rejected a motion to reaffirm her appointment, and instead deferred the decision to the SAC. 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
Sanoh Thienthong. 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.
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"
Reinstatement On 15 February 2006 The State Audit Commission (SAC) decided to reinstate Jaruvan as Auditor-General. 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. 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. ==After the 2006 coup==