The Constitution Court begins its deliberations today on whether to cancel the April 2 election, a task which is complicated by queries about the jurisdiction of the Election Commission (EC).

Often accused of backing the government, the court finds itself in the unenviable position of following His Majesty the King's call for the top judges to resolve the political crisis.

The Administrative Court's decision on Friday to put a brake on Saturday's third round of voting, to fill the 500-seat the House of Representatives, was seen as the first step toward declaring the poll null and void, heaping pressure on the Constitution Court.

Compounding the legal and constitutional complexity, the EC yesterday endorsed 99 Thai Rak Thai party-list MPs and four constituency MPs, and announced its wish to end the election process.

The EC immediately forwarded the list of 485 MPs to the Secretariat of the House of Representatives and informed the Cabinet and Senate secretariats and the Office of His Majesty's Principal Private Secretary that the election was complete, said EC secretary-general Ekkachai Warunprapha.

"It's such a complex situation," admitted Constitution Court judge Preecha Chalermwanit, insisting that growing calls for the election to be scrapped did not exert pressure on his court.

Constitution Court secretary-general Paiboon Warahapaitoon promised a swift decision but refused to give a date for the announcement.

"There could be a hearing if it is necessary," Paiboon said. "I can't predict how long it will take but I'm confident it won't be long."

The EC planned to endorse 499 MPs following a third round of voting in 14 constituencies on Saturday and informed the government to seek a Royal Decree to convene the new House.

But the Administrative Court on Friday issued an injunction against the voting pending a judicial review on whether the EC had breached the laws on the election's organisation.

The Constitution Court, meanwhile, is due to rule on a complaint that the EC violated the Constitution by holding the election fewer than 45 days after the House dissolution.

It is also dealing with claims the positioning of ballot booths, in a way that allowed people to see how voters were marking their papers, was unconstitutional.

The four EC commissioners yesterday held an urgent meeting which endorsed the party-list MPs and four constituency MPs and closed the electoral process.

After the meeting, Ekkachai told a press conference the Thai Rak Thai's party-list was one short of 100 because Premsak Piayura, who was 93rd on the list, had left the party and lost candidacy status.

The four constituency MPs endorsed yesterday are all Thai Rak Thai candidates. They are Ruangdej Suphanfai (Khon Kaen's Constituency 11), Anusorn Nakhasi (Chai Nat's Constituency 1), Somboon Praiwal (Mae Hong Son's Constituency 2) and Songkram Kijlertpairoj (Samut Prakan's Constituency 1).

Ekkachai said the EC had received 26 complaints against various MPs and come to a conclusion in 16 cases but would wait for the decisions of the Administrative and Constitution courts before ruling whether to disqualify any election winners.

He said it would be up to other courts to rule on whether voters who ripped up their ballot papers in protest would be punished if the judges cancelled the election.

But EC commissioner Prinya Nakchudtree said all election law violations would automatically lapse if the courts scrapped the election.

Before attending yesterday morning's meeting, the four EC commissioners tried to avoid an army of reporters waiting in front of the EC head office at the Sri Chullasup Building.

EC commissioner Jaruphat Ruangsuwan denied he had any plans to resign.

"No, no," he told reporters who asked him about the rumours.

As the men's toilets are outside offices, Prinya used the ladies' inside the compound before the meeting when he saw the reporters gathered in front of the gents'.

Asked about criticism of the EC, he replied: "I don't understand why the EC came under so much criticism. Didn't you want an election to be held?"

Supon Thanukrit,

Attayuth Butsripoom

The Nation