A political activist has asked the Office of the Ombudsman to seek a Constitution Court ruling on whether the government under Prime Minister Yingluck Shinawatra has forfeited it caretaker status.
The petition was filed on Monday by activist Taikorn Polsuwan.
In the petition, Mr Taikorn questioned whether the Yingluck cabinet can still be the caretaker government under Sections 244 and 245 of the constitution. It said there is now a political vacuum because the Election Commission had not been able to endorse the result of the Feb 2 election and the first parliamentary session could not be held within 30 days of the polls as required by the constitution.
As a result, a new prime minister had not been apppointed, he said.
Mr Taikorn also wanted to know how long a caretaker government can continue in office and whether the prime minister's actions since the House dissolution were in breach of Section 181 of the constitution.
Rakkecha Chaechai, deputy secretary-general of the Office of the Ombudsman, said the petition would be tabled for consideration at a meeting on Tuesday.