A group of academics named Siam Prachapiwat on Tuesday declared the Yingluck Shinawatra government's caretaker status now over, as 30 days have passed since the Feb 2 general election.
The group, which is campaigning to protect the monarchy, said the caretaker government can no longer claim any legitimacy to remain in office under the constitution because the Feb 2 poll failed.
As a result, the House of Representatives could not convene within 30 days of the poll, as required by Section 127 of the constitution.
Following the House dissolution on Dec 9 last year, the government continues in its caretaker role and waits for new MPs to be elected to the House and to choose a prime minister.
But as it happens, the Feb 2 election could not be completed so the caretaker government can no longer remain in power, the group said.
Moreover, the government has failed in its duty to run the country and is unable to solve problems relating to long overdue payments owed to farmers under the rice-pledging scheme.
The rice scheme, a flagship policy of the Pheu Thai Party, has been plagued with corruption and inflicted great suffering on rice growers, several of whom committed suicide, the group said.
The group also said the government's ''actions'' have breached the constitution, such as an attempt to separate the country.
Banjerd Singkaneti, dean of the law faculty at the National Institute of Development Administration, said the government cannot remain in a caretaker role indefinitely.
He cited Section 127 as well as Section 93 of the constitution. Section 93 says that in the event the House is short of 95% of the total 500 elected MPs — or at least 475 — for its first session, polls must be held within 180 days until all 500 MPs are elected.
The charter also stipulates that a new prime minister must be chosen within 30 days of the opening of the House.
All these requirements serve as timeframes or deadlines for the caretaker government, Mr Banjerd said.
He said people should have the choice to not live with a failed government and a failed election.
However, caretaker Education Minister Chaturon Chaisaeng insisted the 30-day deadline for the first House session is for an election under normal circumstances.
But the Feb 2 election was flawed and included disruptions from anti-government protesters.
He said the charter still allows for poll-reruns to be held within 180 days of the general election date and the EC is duty-bound to complete the Feb 2 poll to allow the establishment of the new administration.
Mr Chaturon said an unelected government can be formed only by a Constitution Court ruling that removes the caretaker government, or by a coup.
He said it remains to be seen if the charter court will rule on the case or whether its ruling will be constitutional.
If a ruling sticks to the charter and the military does not stage a coup, the government will continue its duties until a new one takes office, Mr Chaturon said.
He added if the National Anti-Corruption Commission decided to indict caretaker Prime Minister Yingluck Shinawatra over the rice scheme, which would require her to stop working as prime minister, other cabinet ministers could still continue to work on her behalf. That meant the government could stay in office.
''Despite what some critics think, removing the government from office will not be that easy,'' Mr Chaturon said.