The three, Vasana Puemlarp, Prinya Nakchudtree and Virachai Naewboonnien, have been summoned by Nakhon Si Thammarat Provincial Court to hear the Supreme Court's decision on whether to relocate their criminal trial in an unrelated case from the southern province to the capital.

Another former election commissioner, Charupat Ruangsuwan, will also attend the session as a defendant. Charupat resigned in May, escaping the malfeasance lawsuit filed by Democrat Party deputy secretary-general Thaworn Senniam, who won a guilty verdict against the three on Tuesday.

The lower court and the Supreme Court turned down the former commissioners' bail applications and remanded them into the custody of correctional authorities.

The three convicts and Charupat are fighting a malfeasance case

filed by Prayad Semapat, former mayor of Tambon Pak Nakhon municipality.

Prayad contends the four are guilty of dereliction of duty for nullifying his election victory one day after the one-year deadline.

The alleged crime dates from two years ago and is unrelated to the current political crisis. Last month, the four petitioned the Supreme Court to move the trial.

The high court instructed the provincial court to read its decision on August 8.

Meanwhile, the Democrat Party said it would not withdraw its lawsuit against the Election Commission (EC) accusing it of dereliction of duty, because the public may be misled that the party colludes with the EC, a party official said.

Thepthai Senpong, spokesman for the Democrat Party's election office denied reports that the party secretary-general Suthep Thaugsuban would withdraw the suit against the EC for not taking action against a large party for bankrolling small parties to run in the April 2 election.

He said that telephone calls have flooded the party office after the reports spread. "Some people called saying if the party withdraws the suit, they will not vote for it, as they would regard it as match fixing,'' he said.

He said both the party leader, Abhisit Vejjajiva and Suthep agreed not to withdraw the case but fight it to the end.

The party called for the restructuring of the EC, saying that removing the five commissioners could not ensure the general election would be free and fair.

He added most EC officials were police and civil servants who practise nepotism.

"As long as the structure of the EC clings to nepotism, it is difficult to ensure a clean and fair election,'' he said.