Chirmsak, who has been involved in dozens of Senate subcommittees vetting the backgrounds and qualifications of candidates for independent agencies, said it will take the Senate at least two months to complete its task. "I would like the October 15 election to go ahead as scheduled. But when I look at all the facts, I think it is impossible to meet the deadline, unless we pick the members without doing the screening process," he said.

The EC is now facing a deep crisis without any serving commissioners. This follows a Criminal Court verdict that effectively booted out the three remaining commissioners, Vasana Puemlarp, Prinya Nakchudtree and Virachai Naewboonnien, for unlawful handling of the April 2 election. The Constitution requires the

EC to be served by five commissioners.

On Friday, His Majesty the King endorsed a Royal Decree for the October 15 election as requested by the government. The election cannot be held without the EC.

Without any serving members of Parliament, the Supreme Court will be tasked with the responsibility of nominating 10 candidates to the Senate for screening of their backgrounds and qualifications and a final vote. The Senate will eventually pick five out of 10.

The problem is that it will take 20 days for the Supreme Court to come up with the shortlist of 10 candidates and a further 60 days for the Senate to vet the candidates.

During this time, the Senate will ask the government to seek two Royal Decrees for this nomination and voting process of the new commissioners. One decree will serve for the opening of a special Senate session to vet the candidates. The other is to open the Senate session to vote for the five commissioners.

Chirmsak said that if the Senate fails to vote for the five commissioners in time, it would need to ask the government to seek a Royal Decree requesting that the election date be delayed.

"I think delaying the election date for another month to November is the most probable solution," he said.

Chirmsak said he would like the Supreme Court to nominate the 10 best candidates for the EC. "If all the candidates are good fish, no matter how we vote, we'll get the good fish," he said.

Chamlong Khrutkhunthod, an executive member of the Thai Rak Thai Party, said: "This is an extraordinary time. If all the parties cooperate with each other, I think we should be able to pick the new EC members in time for the election."

He added: "If the Supreme Court displays its neutrality by vetting the qualifications of the candidates in a straightforward way, then the Senate will not have to take much further time."

But Senate Speaker Suchon Chaleekrua indicated yesterday that the Senate would speed up the process to make sure that the new EC members are selected in time. He said the Senate would need at least 30 days to appoint commissioners from nominees submitted by the Supreme Court, but it should not take more than 60 days because of the urgency to the country.

The interim Senate would set up a committee to verify the backgrounds of the candidates, as required by law, he said.

The Senate is already checking out nominees for the National Counter Corruption Commission.

The speaker's legal team, led by Nakhon Ratchasima Senator Sawai Prammanee, will meet the EC secretary-general today, he said.

Suchon said the Senate had been informed of the three remaining election commissioners' resignations. After their formal resignation certificates are received from the EC, he will ask the Supreme Court to start the recruitment process. The new EC members would serve out the remaining term of the commission.

Caretaker Prime Minister Thaksin Shinawatra said no political parties would be involved in the EC selection process as the House of Representatives was not sitting now.

Since the last EC members were endorsed on October 21, 2001, their replacements will work until 2008 when the seven-year term ends.

Supreme Court president Charnchai Likhitjittha was reportedly preparing to open up nominations. The court's judges are required to submit the names, resumes and records of applicants to the court's secretary by Tuesday.

The court has also appointed 10 judges to a committee to screen candidates based on their applications.

The candidates' qualifications will be posted on www.supremecourt.or.th in a bid to restore public trust in the next EC.

Outgoing Bangkok Senator Seree Suwanpanont believes the new EC members will be on board in time to conduct the October 15 general election.

According to election law, after the Royal Decree takes effect, the candidates for Members of Parliament must file their applications within 20 days. But the EC must exist handle all the electoral process.

Ekachai Warunprapa, secretary-general of the EC, said normally the EC must exist before the Royal Decree takes effect because the EC must issue various announcements in preparation for the election, including forming working committees to prevent vote-buying during the election.

Ekachai said that if a process to pick the new EC members cannot be completed in time, it will be necessary to ask the government to request for a delay of the election.

Somroutai Sapsomboon,

Bancha Khaengkan

The Nation