Activist Srisuwan Janya has asked the Election Commission (EC) to seek a Constitutional Court ruling on the status of list-MP Paiboon Nititawan who sought to disband the People Reform Party (PRP) and what to do with the votes the party received from the March 24 polls.
The EC confirmed the PRP's self-dissolution last month as requested by Mr Paiboon who, according to the organic law on parties, can now find a new party to join within 60 days of the party being disbanded.
However, questions are being raised about what will happen to 45,000 votes which the PRP captured in the general election and if Mr Paiboon should be allowed to retain his list-MP status seat after the party was dissolved.
While the constitution outlines steps for constituency MPs switching parties as a result of their party dissolution, it is vague on what happens to list-MPs and the votes.
Mr Srisuwan said the self-proposed disbanding of the PRP is deemed unfair to voters who cast ballots for the party and it may create unfairness in the system due to regulations on calculation and distribution of party-list seats.
He said Mr Paiboon should have sought to disband the party after March 24 next year to avoid legal and political complications.
Under the elections of MPs law, party-list seats will be not be recalculated and redistributed after one year of the general election even though a by-election may be held resulting in changes to vote tallies.
"In this case the court should be asked to rule if the votes PRP received should be nullified or added to a party Mr Paiboon will join," he said.
Mr Paiboon has expressed an interest in joining the Palang Pracharath Party (PPRP).
According to Mr Srisuwan, the Constitutional Court should also be asked to rule if the self-proposed disbanding of a political party within one year of the election is a breach of Section 92(1) of the political party law.
The section prohibits any act deemed to undermine the constitutional monarchy.