
EC secretary general Suthiphon Thaveechaigarn said the petition will be lodged with the Constitution Court to rule whether Samak has violated Article 267 of the Constitution.
The charter provision bans political office holders from being employed by any businesses.
A group of senators filed the complaint against Samak, hoping the EC would rule on the issue. But the EC has deemed it necessary to seek the judicial review.
After lodging the EC's petition with the court, the case is expected be combined with the ongoing judicial review on Samak's qualifications based on a separate complaint requested by the Senate speaker.