Seventy-two of the 82 Supreme Court judges attending a special meeting yesterday morning voted to reject the request.

Four judges voted to support Suchon's request while six abstained.

Calling the matter "the most important problem facing the country", Supreme Court secretary Wirat Chinvinijkul said at a brief press conference afterwards that an "unprecedented level of wide-ranging debates" took place when the judges met behind closed doors for two and a half hours.

The special gathering was chaired by Supreme Court President Charnchai Likit-jittha.

The press conference ended in some confusion as Wirat said he had not been given permission to explain why the judges had refused the request.

He said a formal written reply would be sent to the Senate speaker - but declined to say whether it would later be made publicly available. A source from the Supreme Court said yesterday that the majority judges did not want to nominate EC commissioners because the three top courts had earlier resolved that they would not get involved in organising the election, unless the three EC commissioners quit.

The Constitution Court and the Administrative Court had also revoked the April 2 election on grounds of constitutionality. The Supreme Court had earlier issued a verdict disqualifying candidates who re-registered in the second round election.

 Four Supreme Court judges who wanted to nominate EC commissioners cited only that they have the right - according to Article 138 of the Constitution.

Observers see the move as a further boycott or ostracising measures against the three remaining election commissioners. The trio, as well as Charupat Ruangsuwan, who recently resigned as election commissioner, are now facing multiple criminal charges for allegedly abusing their power to aid the Thai Rak Thai Party and could land themselves in jail even before they can stage another general election later this year.

Meanwhile, caretaker Senator Sawai Prammani, head of Suchon's legal team said his team will meet on Tuesday to seek a Constitution Court ruling over the matter by taking recourse in Section 138 of the Constitution. However, if the three EC commissioners resign, there is no need to seek the court's ruling.

Thai Rak Thai Party deputy leader Bhokin Bhalakula said the commissioners can continue working as long as at least two of them remain.

Constitution Court judge Jumpol na Songkhla, supported Suchon's move to seek the Constitution Court ruling over the nomination of the EC commissioners. He said Suchon has followed the rules and law by seeking the Supreme Court nomination and since the court rejected to nominate, it can take recourse in Article 266 to seek the Constitution Court ruling over the matter.

Many caretaker Senators were angry at Suchon's role over the EC nomination and plan to gather signatures to oust him.

Caretaker Senator Seri Suwanpanont said he will give his signature to remove Suchon because he has lost his partiality by siding with the government.

Caretaker Senator Sak Korsaengruang warned Suchon against seeking the Constitution Court ruling as the move would be seen as pressuring the Supreme Court into nominating the EC commissioners, when the judges have shown that they want the three EC commissioners to quit.

Sak said the Supreme Court's decision would affect the possibility of the general election on October 15. He said the EC commissioners have to stand trail on several cases for malfeasance. They have lost the legitimacy to organise another election, he said.

"The three EC commissioners should resign before the criminal court completes the trial to prevent a political crisis," he said.

Pravit Rojanaphruk,

Kesinee Taengkhiew

The Nation