The government has accused the Election Commission of not doing enough to prepare for the Feb 2 election, suggesting members may have an ulterior motive for not carrying out their duties.
Caretaker Deputy Prime Minister and Foreign Minister Surapong Tovichakchaikul yesterday attacked the EC for its decision to ask the government to issue a royal decree to reschedule the elections because of the political crisis.
He reiterated that the government could not postpone the poll as there was no law that would allow it to do so.
If the EC had a solution, it should tell the government, he said.
Mr Surapong said the EC was not doing enough to ensure the poll goes ahead and was not trying to solve the problems relating to candidate registration. He said the government had offered its own suggestions but the EC had ignored them. Mr Surapong said this implied they did not support the poll.
Pheu Thai Party spokesman Prompong Nopparit said the EC's proposal for the government to put off the poll was irrational. He said if the current EC commissioners could not perform their duties then they should step down to allow others to take their place.
Mr Prompong said the party would take the EC to court for dereliction of duty if it failed to instigate legal action against the anti-government People's Democratic Reform Committee, which disrupted candidate registration in several southern provinces.
EC commissioner Somchai Srisuthiyakorn earlier said the EC would ask the caretaker government to issue a royal decree to cancel the Feb 2 election.
If the election is cancelled by a new royal decree, then the registration of party-list and constituency candidates would also be nullified, Mr Somchai said.
No candidates were registered in 28 constituencies in eight southern provinces. That means even if the Feb 2 election goes ahead as planned, the EC could not endorse enough members of parliament to formalise the first House session. The constitution requires 95% of 500 MPs to attend.
Mr Somchai said the government should ask the Council of State, its legal adviser, for advice on a new royal decree.
He said the government must give a signal that it welcomes the EC's proposal so the commission can invite the Democrat Party and other parties to talks and to ratify an agreement that they will support the rescheduled poll.
Mr Somchai said the poll could be rescheduled to May 4, which is still within 180 days of the House dissolution as stipulated by the constitution.
EC chairman Supachai Somcharoen said all commissioners had agreed to send a letter to the government to reschedule the poll. However, the EC had not yet signed and sent the letter. The issue needed further discussion.
Legal experts hold differing views on whether the Feb 2 poll can be put off.
Former charter drafter Seree Suwannapanon said the best solution was for the government to issue an executive decree to reschedule the poll instead of seeking a new royal decree.
He said the constitution authorised the executive branch to issue an executive decree to deal with emergencies.
PM's Office permanent secretary Tongthong Chandransu disagreed, saying the government had no authority to issue a new royal decree or an executive decree.