The Election Commission is expected to submit to the Constitution Court a petition asking it to rule who has the authority to announce poll reruns in 28 constituencies in the South.
EC secretary-general Puchong Nutrawong said the EC has reviewed the petition and agreed to forward it for judicial review. The commissioners are expected to sign the petition this morning before submitting it to the Constitution Court in the afternoon.
Mr Puchong said the court is asked to rule on three points, but he declined to discuss the details.
The petition is intended to resolve the difference of opinions between the EC and the caretaker government about who can authorise the announcement of polls in 28 southern constituencies where potential candidates were blocked from registering in the polls.
While the EC wants the Yingluck government to issue a new royal decree for the election rerun to go ahead, the government argues such a step would violate the constitution.
A source said the poll agency has dropped its plan to ask the court to rule on several points that may lead to criticism the EC wants to derail the election.
It has also decided against asking the court if it can make an announcement on a vote count of party-list ballots so it can endorse the results of at least 95% of the total 500 elected MPs, or 475 MPs, as required by the constitution to convene the first House session after the election.
According to the source, the EC has dropped these questions out of concern that it will be questioning its own authority.
EC member Somchai Srisuttiyakorn yesterday dismissed a claim the agency is stalling so the petition is submitted after the 30-day deadline.
The Pheu Thai Party has accused the EC of dereliction of duty after it failed to complete the election in line with a constitutional requirement that the House of Representatives must be convened within 30 days of a general election, or yesterday.
Mr Somchai said the EC has to be careful that it is not breaking any law and noted the 30-day time-frame is not an issue.
In his opinion, the caretaker government can stay because there is no law saying it must leave after the 30-day deadline, said the commissioner.
However, some people believe the deadline’s expiry will mean caretaker Prime Minister Yingluck Shinawatra has to leave her post.
Caretaker Labour Minister Chalerm Yubamrung said yesterday Ms Yingluck does not have to leave office even though the 30 day period is up. He also insisted the royal decree calling for the Feb 2 election still stands.
‘’There is no need to issue a new decree which will violate the charter. And the government will not issue a decree for an election in 28 constituencies,” he said.
Pheu Thai spokesman Prompong Nopparit defended the status of the caretaker government, saying it can stay until a new government is formed.
He said the EC should try its best to complete the Feb 2 polls to allow a new administration to be set up. He said the EC is buying time by asking the court to intervene.