The Group of 40 senators will call on the Constitution Court to rule on whether the government violated the charter by invoking the emergency decree to cope with anti-government protesters.
Appointed senator Paiboon Nititawan, who represents the group, said yesterday he would file a complaint with the court today claiming the government's decision to impose the emergency decree in Bangkok and nearby provinces violates Section 181 of the constitution.
He said the section prohibits the use of the government's resources and personnel in ways that could affect the election.
He said imposition of the emergency decree will require demonstrators to stop their rallies and criticisms of the government led by the Pheu Thai Party.
The cabinet approved the emergency decree. Mr Paiboon said members included Pheu Thai candidates such as caretaker Prime Minister Yingluck Shinawatra and caretaker Interior Minister Charupong Ruangsuwan who is also the leader of the Pheu Thai Party.
Criticisms of the government would reduce the popularity of Pheu Thai if they continued, Mr Paiboon said with regard to the Feb 2 election.
The senator also argued the imposition of the emergency decree breached Section 237 of the constitution because the section prohibits candidates from taking any actions that would prevent a fair election.
Preecha Suwannathat, a former law dean at Thammasat University, said Section 181 of the charter requires the caretaker government to seek the consent of the Election Commission before appointing staff for the Centre for Peacekeeping that is handling situations under the emergency decree.
The section requires a caretaker government to seek the approval of the EC before appointing or transferring a government official.