Legal advisers with the Election Commission (EC) interpret the Constitutional Court's ruling on the Feb 2 poll as meaning its process was unconstitutional, rather than nullified.
As a result, it would have to issue a royal decree to amend the election date and election process, EC chairman Supachai Somcharoen said after the EC meeting with a legal team yesterday.
Mr Supachai said the previous royal decree involving the House dissolution and the Feb 2 election is still in effect as part of the House dissolution.
Their interpretation, which would serve as the guideline for the EC to deal with future poll problems, means election candidates and individuals who violate election laws still face charges and the Democrat Party will not be dissolved if it boycotts another poll, according to EC experts.
By law political parties which do not send candidates for two consecutive elections face dissolution.
Other criminal cases involving the Feb 2 poll, including election obstruction, still stand.
However, because these issues are sensitive, the EC needs to wait for a copy of the ruling expected to arrive in the middle of this week, Mr Supachai said.
The court ruled last Friday the Feb 2 poll was unconstitutional because voting in many constituencies could not take place.
Meanwhile, caretaker Prime Minister Yingluck Shinawatra wants the EC to invite political parties to discuss the new election and settle differences.
She insisted the talks are crucial because she wants all sides to support the poll and see it proceed smoothly and legally.
Her interview came yesterday as many parties have discussed or are going to discuss their stances on the new election.
While her Pheu Thai Party is ready for a new challenge, the Democrats, who boycotted the Feb 2 election, are still tight-lipped on the issue of whether they will take part in the new poll.
They are scheduled to meet this weekend for their annual assembly.
Mr Yingluck yesterday declined to comment on the budget of billions of baht which was spent in the Feb 2 election.