The Election Commission (EC) is not very hopeful the Feb 2 election will proceed smoothly and is seeking a way out via the charter court that it hopes would be acceptable to all sides.
Opponents of the People's Democratic Reform Committee along with supporters of the Feb 2 election lit candles last night to call for peace, oppose potential outbreaks of violence or a coup on Jan 10, 2014. (Photo by Thanarak Khoonton)
The agency believes voting day is highly likely to be chaotic to the point the election may not comply with the spirit of the constitution.
According to a source in the Office of the EC, the commission will let the poll run its course but once it becomes clear the process is not in compliance with the charter, the agency will ask the Constitution Court to intervene.
In doing so, the EC will ask the charter court to order the caretaker government to issue another decree calling for a new election.
The source, who has experience in organising elections, said the new decree would be different from the one proposed earlier by the EC and rejected by the government.
The agency wrote to the government suggesting it issue a decree for an election postponement.
However, the government rejected the proposal, saying it has no authority to postpone the election and asked the EC to carry on with its task of organising the poll.
According to the source, the new decree will not overlap with the previous one calling the Feb 2 election.
"Such a ruling by the charter court will also provide an exit for the government if it is looking for one. The government and the EC don't want to risk breaking the law.
"The court will exercise its power [and make a ruling] based on the facts about problems in election management," said the source.
According to the source, there are two weak points that may cause the election to collapse.
One is that currently no candidates can register for the election in 28 constituencies, which means there would not be enough elected MPs to formalise the first House session after the election. Anti-government protesters blocked the candidates from applying.
The other is a shortage of state officers to supervise polling stations. The law requires that each polling unit must have nine officials. According to the source, these two issues will pose serious problems on voting day.
It is not easy to solve the staff shortage, said the source.
The EC's regulations make it clear who are qualified and who are not qualified to serve as election officials. Those who are eligible must be registered residents.
Even though the Interior Ministry has tried to solve the problem by asking its officials to apply, the practice is open to criticism over transparency. Some may take the issue to court and ask to have the election nullified.
Despite the fact there are no candidates in 28 constituencies, the EC will have to set up polling units for the people to vote in the party-list system. If the voting is interrupted, the election officials are authorised to cut short or postpone the voting.
"If voting can't proceed in any particular polling booth, the EC can't announce the poll result," the source said.
"It is hard to say when there will be enough MPs to form the House."
The advance voting scheduled for this Sunday will give the EC an idea of what is likely to happen on Feb 2.
According to the source, these problems are being assessed by election officials across the country. Legal experts have also been brought in.
This has led to a proposal that the EC should ask the Constitution Court to intervene after the Feb 2 election without waiting another 180 days.
According to the source, the charter court's ruling, without naming any defendants, is likely to be acceptable to all sides.
It would protect the government and the EC from breaking the law while helping the People's Democratic Reform Committee continue with its reform agenda.