Nitithorn Lamlua and Nakhon Chompuchat registered their complaints against the three EC commissioners to Chalermsak Chantim, caretaker secretary-general of the Office of the Ombudsman.

They said the commissioners were not qualified to hold office because Articles 136 and 137 of the Constitution demand honesty, fairness and neutrality from the EC commissioners.

Nakhon said that although 35 caretaker senators have requested the Senate speaker seek a Constitution Court ruling over the qualification of the three commissioners, the status of the 35 senators to file a complaint is being questioned.

Chalermsak said he would check if the ombudsman has the right to make a decision on the case. Normally, the ombudsman can only investigate civil servants, government officials and local government officials. He believes EC commissioners are beyond their jurisdiction.

"It is in the same way that we cannot check senators and MPs,'' he said.

He said his office would also wait to see if the Constitution Court decides

on Thursday whether to rule on the status of the caretaker Senators and their eligibility to file a complaint seeking disqualification of the EC commissioners.

"If the Constitution Court accepts to rule on the matter, the ombudsman will not proceed with the complaint,'' he said.

Meanwhile, Nithithorn said he will appeal against the Administrative Court ruling that rejected his plea over the legitimacy of caretaker Prime Minister Thaksin Shinawatra's leave.

He rejected the court's rationale that he is not an affected party while rejecting the case.

He said the Constitution stipulates that the sovereignty of the country belongs to the people and he is an eligible voter who has the right to impeach a political officer holder.