The Election Commission (EC) will consider the implications of the proposed self-disbandment of the People Reform Party (PRP) and its knock-on effect on the ruling Palang Pracharath Party (PPRP) which the leader of the smaller party plans to join.
The central issues that need ironing out are whether the 45,000 votes which the PRP captured in the March 24 general election will be transferred to the PPRP; if its only list MP and leader Paiboon Nititawan will take on the mantle of MP for the PPRP; and where on the PPRP's list of MPs Mr Paiboon will be placed, according to an EC source.
The source said the EC will ask election commissioners to decide.
The constitution outlines steps for constituency MPs switching parties as a result of their party dissolution.
However, it is vague on what happens to list MPs. "The charter doesn't quite explain what happens in such a situation," the source said.
The EC must propose options to the poll commissioners.
The source said the commission is of the opinion that a party leader dissolving his own party, as is the case with the PRP, will lose the 45,000 votes won at the election.
The PRP votes should not simply be combined with the PPRP's votes because it would distort the PPRP's current vote tally which has long been finalised by the EC, the source said.
It is too late at this point to recalculate the constituency votes and redistribute the PPRP's list MPs.
The source said the way out was to wait for a by-election to take place in the event the Supreme Court's Election Cases Division rules any MP guilty of electoral fraud within a year of the March 24 election having been completed, or by March 24 next year as legally stipulated.
That would be a time legally and technically permissible for the PRP's votes to be added to the PPRP's tally for recalculation of MP headcounts.
If Mr Paiboon were to join the PPRP's ranks of list MPs now without the PRP's 45,000 votes added to the ruling party's tally and recalculated, it would cause the PPRP to have one more MP than the law allows.
But to satisfy the law with Mr Paiboon admitted to the PPRP's list MP ranks outright would mean the last person on the PPRP's MP list having to be "bumped off", which would not be fair, according to the source.
"That would set a negative precedent where a list MP of any party could do the same and take unfair advantage of another MP in the party to which he or she is moving," the source said.
"A party which is taking in the defector also has to think carefully," it added.
Meanwhile, Jade Donavanik, former adviser to the Constitution Drafting Committee (CDC), said Section 91 of the organic law on parties permits MPs of dissolved parties to retain their status, provided their defections do not cause unfair advantage to anyone or any party.
The dissolution, as defined by the section, pertains to instances where an MP's party is ordered disbanded by the court.
An MP has to find a new party to join within 60 days of an old party being dissolved.
But in Mr Paiboon's case, the fact remained he is looking to disband his own party, which is not covered by Section 91 and his move would ultimately create unfairness in the system.
Mr Jade also agreed Mr Paiboon cannot take the 45,000 votes with him to the PPRP. This is because a betrayal of trust for the voters who cast their ballots for the PRP, not the PPRP.
"This issue must be clarified once and for all," Mr Jade said.
"If not, it would open a leeway for MPs to disintegrate their own parties and merge with other parties. That would be chaotic."
The ranking of list MPs in the party was also bound to thrown into turmoil as a result of such a move.
If Mr Paiboon cut in and retained his MP status, the MP currently in last place on the PPRP's list would lose his seat in the House.
"That's another way of saying the law protects and recognises Mr Paiboon as MP but not the MP down the list who has done nothing wrong," Mr Jade said.
"One just can't exploit the law when there is something to gain and sidestep it when they stand to lose," the academic added.
Yutthana Phothasuthon, who is the PPRP's 21st and last list MP, said Mr Paiboon may harbour a questionable motive as he should not be eligible to maintain his MP status if he dissolves his own party.