The Constitution Court on Thursday accepted by a vote of 7-2 to consider a petition for it to rule on whether Abhisit Vejjajiva has lost his status as a Democrat Party list MP after being dismissed from military service.
Pimol Thampithakpong, the court's spokesman, said the petition was filed by 134 MPs including House Speaker Somsak Kiatsuranont.
In the petition, the court is asked to rule whether Mr Abhisit has lost his MP status under Sections 102(6) and 106(5) of the constitution after he was dismissed from military service by an order of the Defence Ministry.
The order takes effect retroactively from the date when Mr Abhisit applied for a job as a lecturer at Chulachomklao Royal Military Academy in 1987.
The ministry based its decision on a defence panel ruling which found Mr Abhisit had used a fraudulent document when he applied for the lecturing job, a position that exempted him from military conscription.
The two judges who voted against accepting the petition were Nurak Mapraneet and Chat Cholavorn.
The court issued an order for Mr Abhisit to submit a defence statement in 15 days.
Mr Abhisit said he was ready to defend himself.