The Election Commission (EC) will answer a petition delivered by activist Srisuwan Janya seeking a Constitutional Court interpretation of when Prime Minister Gen Prayut Chan-o-cha will have served his maximum eight-year tenure.
EC chairman Ittiporn Boonprakong said on Saturday the commission understands the issue has drawn public interest and the matter has been tabled for discussion tomorrow.
On Aug 5, Mr Srisuwan submitted his petition to the EC and the Office of the Ombudsman.
The latter rejected the petition on Wednesday on the ground that it has no authority on the matter.
Meanwhile, Somchai Srisutthiyakorn, a former election commissioner, wrote on Facebook on Saturday that if the court rules that Gen Prayut reached the eight-year tenure limit on Aug 24, the premier cannot assume the role of caretaker prime minister.
He was responding to comments by Deputy Prime Minister Wissanu Krea-ngam who said he saw no reason why Gen Prayut could not assume such a role unless a court separately ruled it out first.
Mr Somchai said if the court rules his tenure ends on Aug 24, it would preclude him from staying on as caretaker.
Former prime minister Yingluck Shinawatra was also not allowed to assume the role of caretaker after a court ruling of abuse of authority, he said.
The House must now proceed with section 41 of the State Administration Act 1991, he suggested, and choose one of the deputy prime ministers to take the role instead.
Meanwhile, across the floor, Pheu Thai Party MP for Ubon Ratchathani Somkid Chuekong also opposed the idea of Gen Prayut staying on, even temporarily.
"Taking the role of caretaker will only lead to disunity. Everyone knows that Gen Prayut has exceeded eight years," Mr Somkid said.
"I suggest Gen Prayut take this chance to leave his post with dignity."