The Election Commission (EC) plans to formally ask the caretaker government to issue a new royal decree to reschedule the Feb 2 elections.
But the government reiterated it has no authority to change the poll date.
EC commissioner Somchai Srisuthiyakorn said the EC decided at a meeting yesterday that it will send a letter to ask the caretaker government to issue a new royal decree to cancel the Feb 2 election stipulated in the royal decree issued on Dec 9 last year. The decree also dissolved the House of Representatives and paved the way for the Feb 2 poll.
If the election is cancelled by the new royal decree, then the registration of party-list and constituency candidates would also be nullified, Mr Somchai said.
He explained the reasoning behind the EC seeking a new royal decree.
Mr Somchai said no candidates have been registered in 28 constituencies in eight southern provinces.
This means that even if the Feb 2 election goes ahead as planned, the EC could not endorse the results of at least 95% of the total 500 elected MPs or 475 as required by the constitution.
At least 475 - 95% of the total 500 MPs - are required by the charter to convene the first House session after the election and elect a new premier.
The session cannot be called if the number of elected MPs is less than the 95% requirement.
The EC also cannot hold elections in the 28 constituencies on other dates because the constitution stipulates that the national election must be held on only the date fixed.
There are 22 constituencies with only one candidate and these candidates may not gain the votes of at least 20% of eligible voters needed to claim victory as required by law, Mr Somchai said.
He added that the EC is also worried about possible political violence ahead of the election.
Mr Somchai said the EC cannot recruit a total of 100,000 personnel for deployment at polling stations nationwide in time for the Feb 2 poll as many people have now withdrawn from tasks or refused to do them.
The Office of the Auditor-General (OAG) has also written to recommend that holding the Feb 2 poll may not be worth the 3.8-billion-baht budget given the political risks, Mr Somchai said.
"The EC views that it is only the government which has the authority to issue a royal decree to cancel the existing one," Mr Somchai said.
Somyos Aksorn, director of the department of policy and planning under the EC's Office, said at a meeting of provincial EC committees that they must take the OAG's warning seriously as the OAG has not issued such a recommendation to the commission for about 15 years.
"It is fortunate that the OAG has given a warning that the election could run into trouble and may not be worth the money," Mr Somyos said.
However, caretaker Deputy Prime Minister Phongthep Thepkanchana insisted the government cannot put off the poll.
The government and the EC had previously discussed the issue and agreed that the government had no authority to reschedule the Feb 2 elections, Mr Phongthep said.
He said the constitution stipulates that the elections must be held within 60 days of the House dissolution.
If the government postpones the election, for any reason, beyond the 60-day legal timeframe, it could be taken to court for violating the charter, Mr Phongthep said, adding that the government is expected to discuss the matter with the EC again next week.
He also rejected the EC's reasons for seeking a new royal decree.
Mr Phongthep said the government previously had given suggestions on how to solve the problems involving candidate registrations. For example, the EC could have held candidate registrations outside provincial constituencies, but the EC failed to do so, he said.
Prime Minister Yingluck Shinawatra said yesterday the government could not afford to postpone the election until after the national reform process, which could take up to one year, is completed.
Because the election cannot take place as planned without a House of Representatives, the country's administration would be disrupted, the premier said.
"The government does not want to hold the elections without listening to the people."
The Council of University Presidents of Thailand yesterday recommended that the Feb 2 elections be postponed while repeating its call for the establishment of a non-partisan interim government.
Mahidol University rector, Ratchata Ratchatanawin, said the recommendation was out of concern that the elections were at risk of being disrupted and could lead to violence.