Commission chairman Vasana Puemlarp rejected criticism that the EC had made the decision in order to help Thai Rak Thai Party candidates, who may otherwise have to stand as lone candidates again. He said the EC had made the decision to prevent the scenario that by-elections would be held too many times if voters did not have other candidates to vote for.

When reporters insisted that the EC's decision would be met with strong opposition as it ruled in favour of the Thai Rak Thai Party, Vasana became angry.

"How do you know there will be other candidates applying in these constituencies? If there were [qualified] people, they would have applied in the first round,'' he heatedly told reporters.

The Democrat Party yesterday met to discuss whether the EC's ruling violated the Constitution, and was considering a move to stop the candidacy registration of new MP candidates, said party spokes-man Ong-art Klampaiboon.

EC member Prinya Nakchudtree said the intention of Article 74 of the Election Act was for new, not failed candidates, but the agency believed that depriving the right of failed candidates to stand again was wrong.

"We extensively discussed this point. The legal team advised that even if we allow the failed candidate to run in the by-election, they may not get at least 20 per cent [of total eligible voters], so we decided to let all run in the election."

Thai Rak Thai Party candidates ran in the election as lone candidates in 278 of the total 400 constituencies. Of the 278, candidates in 38 constituencies did not gain 20 per cent of the total eligible votes required by the Constitution.

Meanwhile, Vasana said he had ordered the EC secretary and deputy secretary-general to survey public opinion as to whether the arrangement of polling booths needs improvement.

The survey must be completed within three days so that the

EC can use the study as a guideline for the senatorial elections on April 19.