The Constitution Court has dismissed a plea asking it to decide whether caretaker Prime Minister Yingluck Shinawatra's decision to enforce the state of emergency is unconstitutional.
Virat Kalayasiri, a former Songkhla Democrat MP, and Paibul Nititawan, an appointed senator, had accused Ms Yingluck, her cabinet and the Pheu Thai Party of violating Section 68.
Section 68 prohibits the exercise of the rights and liberties to overthrow a government or to acquire the power to rule the country through unconstitutional means.
They claimed the caretaker premier's enforcement of the state of emergency, which gives authorities more powers, in Bangkok and its vicinities while the general elections took place on Feb 2 could have given them an edge over rivals during the polls.
With a majority vote, the court dismissed the case, saying the plea did not have enough grounds to validate the charge.