Tomorrow's highly-awaited decision of the Constitution Court is likely to leave the fate of the Election Commission in the balance for quite a while longer.

Even though the judicial summit called for the EC to step aside following the botched April 2 election, the legal bid to oust the remaining commissioners based on constitutional provisions appears to be more bark than bite.

The Constitution Court is reportedly not equipped to eject EC members who refuse to show remorse for flawed management of the electoral process.

If the stubborn trio is to be brought to their knees by litigation, any hope of victory may lie with ongoing court battles on criminal charges instead of constitutional arguments.

Vasana Puemlarp, Prinya Nakchudtree and Virachai Naewboonnien have exploited judicial proceedings to buy time although they are fully aware it is an uphill battle to cling to office.

They know they are no longer fit to serve but need time to tie up loose ends to ensure a safe exit for themselves and the survival of the Thai Rak Thai Party, which many suspect is their "patron".

Their delayed departure is a bane for the country for it poses an obstacle to quickly end the political crisis. But in the eyes of these thick-skinned individuals, the country's future is not a priority - only their short-term gain is.

A month has passed since the three top courts outlined a road map to sort out the political mess triggered by the botched April 2 poll.

The courts' key demand to revamp the EC in order to restore credibility to the electoral process has fallen on deaf ears.

In a bid to toss the stubborn trio out of office, a group of 35 senators has asked the Constitution Court to launch a judicial review.

The 35 senators contend that the court's May 8 verdict has ramification to disqualify the EC.

According to the senators' petition, the ruling nullified the April 2 vote on grounds that the EC failed to ensure honest and fair balloting as guaranteed by the Constitution.

The petition further states that the body's flawed electoral management is tantamount to disqualification of the EC members under Article 136 of the Constitution.

Under this provision, EC members are obliged to uphold honesty, political impartiality and fairness in dispensing their duties. The botched vote means they are no longer qualified for office.

Before forwarding the petition to the high court, caretaker Senate Speaker Suchon Chaleekrua amended it with two key questions.

Suchon asked the high court to rule on whether the case merits judicial review before addressing Article 136 as petitioned by the senators.

His two questions focused on the possible cause for litigation based on either Article 266 or Article 142 of the Constitution.

Under Article 266, the Senate is empowered to seek a Constitution Court review for any constitutional dispute involving two or more agencies.

In the case relating to the EC qualifications, it is clear that the May 8 ruling applies to the EC alone and has not involved other agencies.

But the high court appears not to have been empowered to invoke the said article to determine whether the EC should remain in office.

Based on Article 142, the Senate has the mandate to seek a judicial review aimed at disqualifying the EC on grounds of educational and personal credentials (Article 137) and for job records (Article 139).

In layman's terms, the high court may remove the EC for lacking specified credentials but is not empowered to rule on violations relating to honesty and fairness as prescribed in Article 136.

Suchon's amendments to the petition seem to have quashed the case even before it has a chance to reach the courtroom.

This should not come as a surprise because many see him as a government lackey.

Although the case against the EC members may not be decided in the Constitution Court, the trio should not evade the law as they are fighting criminal culpability for the botched vote 10 weeks ago.

The wheels of justice take time to turn, however. And the EC members may well leave office before facing a final verdict.

Avudh Panananda

The Nation