According to the law, the prime minister and the EC chairman were in charge of the election, he said.

Although the decree has been effective since August 24, Udom believes it is invalid and incomplete. He is one of 10 candidates for the new EC.

Organising the election is the duty of the EC, while the premier only sets the day of the ballot, he said.

"If the election is still held on October 15 and somebody questions whether the decree was valid because there was no EC chairman, who will be judging this point?" he asked.

"Perhaps the Administrative Court can judge but I don't know. So the new EC members should discuss how to solve this problem."

However, law experts disagreed with Udom and believed the decree was complete and had taken effect.

Banjerd Singkaneti, of Thammasat University's faculty of law, said although there was no EC chairman to take responsibility for the election, the decree had still taken effect because it was submitted for royal endorsement at a time when there was a prime minister and an EC chairman.

"The decree was complete once it had been endorsed. Even though there is no EC chairman at the moment, it has no impact on the decree," said the academic.

Chiang Mai University law lecturer Somchai Preechasilapakul said the decree had taken effect.

"We should wait for the Senate to choose the five commissioners before talking about the decree being invalid," he said.

Nevertheless, he said if the EC selection process could not be completed, the election should be postponed.

Sucheera Pinijparakarn

The Nation