The Constitution Court on Wednesday rejected a petition asking that it rule on whether the Feb 2 elections were constitutional.
The petition was lodged by Wirat Kanlayasiri, a former Democrat MP for Songkhla. He asked the court to void the controversial general election, citing Section 68 of the charter, which penalises the exercise of rights and liberties to acquire ruling power through unconstitutional means.
In his complaint, Mr Wirat argued that the poll did not take place on the same day nationwide as required by the constitution.
He claimed the caretaker government's invocation of the emergency decree in Bangkok and nearby areas was an act that enabled the Pheu Thai Party to use administrative power to take advantage over its political rivals in the election.
The court dismissed the petition, saying there was no credible evidence that the poll violated Section 68 of the charter.
The Constitution Court also rejected a petition filed by Pheu Thai spokesman Prompong Nopparit against anti-government People's Democratic Reform Constitution (PDRC) leaders including Suthep Thaugsuban.
In the petition, the court was asked to rule whether the PDRC leaders had acted in a way to topple a democratic administration under the monarchy, or to take the country's administration through unconstitutional means in violation of paragraph 1 of Section 68 of the constitution.
The court was also asked to order the PDRC leaders not to do anything to obstruct new rounds of voting being held by the Election Commission (EC) and to leave government offices and public places they have occupied.
The court threw out the petition on the grounds the PDRC's protests are a show of opposition to the amnesty bills and the government's handling of the country's administration, not to overthrow a democratic administration or to take power through unconstitutional means.
As for the alleged law violations by the PDRC, the court stated that they should be subject to normal legal action under the Criminal Code.
Meanwhile, caretaker Deputy Prime Minister and Foreign Minister Surapong Tovichakchaikul called on EC member Somchai Srisutthiyakorn to stop "talking nonsenses" and quickly start preparing for the follow-up vote for MPs.
Mr Surapong, as an adviser of the Centre for Mantaining Peace and Order (CMPO), said commmissioner Somchai should stop passing the responsibility to the government and do his job instead.
"The CMPO is ready to facilitate and provide security but it appears that the EC doesn't want the poll to take place," he said.
Mr Somchai, who is in charge of electoral management, previously said that the EC did not have the authority to schedule a new election day in the 28 southern constituencies where there were no candidates in the Feb 2 election, and believed the government was legally empowered to do so.
The EC can only hold a new election in constituencies where voters were blocked from casting ballots on Feb 2, he said.
On Wednesday, EC secretary-general Puchong Nutrawong said the commission had sent a letter to the government asking it to issue a new royal decree to authorise the EC to hold the poll in the 28 constituencies which had no candidates.
Mr Puchong said the EC will need the authority to hold a registration of election candidates running in the 28 constituencies, to prepare new ballots for these constituencies and to exempt voting outside the country and the 28 constituencies.