Seven of the judges concluded that since the senators' six-year term of office, which expired on March 21, has been completed, as caretaker senators they can no longer exercise their rights under article 142 of the Constitution to have the commissioners impeached.

The decision, reached by only one vote, gives a new lease of life to the embattled commissioners, led by Pol Gen Vasana Puemlarp, chairman of the Election Commission (EC).

The court also ruled that the Senate president, acting on behalf of the parliamentary president in absentia, should have first considered whether the caretaker senators really have the right to petition the Constitution Court at all. It also pointed out there is disagreement even within the Senate as to whether a caretaker Senate has such a right under the law.

Paiboon Varaha-paitoon, the secretary-general of the Constitution Court who read the court's decision, left the room without entertaining any questions from the media.

Caretaker Senator Wallop Tangkananurak said he sees another way out - filing the complaint with the Ombudsman to seek a Constitution Court ruling as to whether the commissioners should be disqualified.

"If it is possible to do so, we will do it. We have to be patient when dealing with thick-skinned people,'' he said.

Ombudsman Pramot Chotimongkol said the senators can file a complaint on behalf of the public and he would consider whether the complaint falls under Article 198 of the Constitution.

Caretaker Senator Chirmsak Pinthong questioned why the judges issued one ruling to cover two issues. He said the judges should have separated the issue of whether the complaint falls under Article 266 of the Constitution or whether there is a conflict between the state agencies, from the issue of whether the caretaker senators are qualified.

"This ruling is messy because the judges combined two issues into one in the same manner as when the judges issued the verdict in the asset-concealment case of [now Caretaker] Prime Minister Thaksin Shinawatra,'' he said.

Caretaker Senator Chumpol Silapa-archa said he disagreed with the ruling and is concerned it will adversely affect caretaker senators' checks-and-balances role in the legislative system. "If the caretaker senators cannot carry out their duties then why do we have to pay their salaries? As a consequence of this ruling, if lawmakers strictly interpret the law, then the caretaker senators cannot screen the backgrounds of [candidates for] independent agencies, like the upcoming nomination of the National Counter Corruption Commission candidates,'' he said.

He added the majority judges were the same ones who voted in support of Thaksin in the asset-concealment case.

"This is worrisome because the ruling is not in line with the other top courts [the Supreme Court and the Administrative Court]," he said, adding that it was hoped that such a consensus would "untangle the political deadlock".

Chumpol said people concerned about the activities of the EC would now have to wait for decisions in cases currently before the Criminal Court.

Caretaker Senator Seree Suwanpanont said he believed the ruling was wrong and would create a vacuum in the checks-and-balances system.

"If the caretaker senators cannot check the qualifications of independent agencies, then who can? This ruling does not solve anything - it just creates more problems,'' he said.

Thammasat University lecturer Parinya Thewanarumitkul said the spirit of the Constitution allows caretaker senators to impeach political office-holders when the new Senate is yet to be endorsed. "The law only bans caretaker senators from reconvening the House. This ruling can be interpreted to mean that caretaker senators cannot act as a check on any agencies,'' he said.

Pravit Rojanaphruk

The Nation

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How each judge voted

The seven judges who rejected the EC case:

Jumpol Na Songkhla, former Supreme Court justice

Preecha Chalermvanich, former Supreme Court justice

Sakdi Techacharn, former Local Administration Department director-general

Manit Witayatem, former Finance Ministry deputy permanent secretary

Sutee Suthisomboon, former Prime Minister's secretary

Suwan Suwanvecho, a police general

Ura Wang-Orm-Klang, former Administrative Court judge

The six judges who voted for the impeachment petition:

Parn Jantraparn, former Administrative Court judge

Jira Boonpojanasoontorn, former Criminal Court judge

Nopadol Hengjaroen, former deputy Cabinet secretary

Mongkol Saratun, former Supreme Court justice

Suwit Teerapong, former Supreme Court vice president

Saowanee Asawaroj, former professor of law at Thammasat University.

Note: One judge, Apai Chantanachulaka, excused himself from the meeting, citing conflict of interest because he was a former adviser to an EC member.