A new group of senators-elect is unlikely to take office until May 2 due to a legal technicality, according to a highly placed source on the Election Commission (EC).
Under the charter, the Senate is made up of two batches — one elected from each of the 77 provinces and the other group of 73 appointed by a committee. The Senate must have at least 95% of the required members, or 143 to perform its duties.
The Senate election was held on March 30 to elect 77 senators, representing each of the provinces.
They are still awaiting the EC's endorsement.
With 73 appointed senators in place, at least 70 senators-elect must be endorsed before those whose term expired on March 2 terminate their caretaker role.
The source said currently about 11 senators-elect face objections. When the EC announces the endorsement on Tuesday, the number is unlikely to meet the required 70.
The EC is legally required to endorse the winners who face no objections within seven days of the election, which was held on April 8.
"So, with 11 winners facing objections, the EC is unlikely to endorse up to 95% this Tuesday.
''And that means the elected senators whose term expired [on March 2] will continue in their caretaker role," said the source.
According to the source, the remaining winners must be endorsed within 30 days of the election.
EC secretary-general Puchong Nutrawong yesterday admitted that more than six winners face objections which need to be investigated.
However, he said the election winners not facing objections will be endorsed on Tuesday.
The role of the Senate is being scrutinised after the Secretariat sent a letter confirming that the Upper House will convene on April 18 to consider an impeachment motion against Senate Speaker Nikhom Wairatpanich for his role in an "illegal" attempt to change the make-up of the Senate.
If the newly elected senators cannot take office by the time the Senate convenes, the caretaker senators will take part in the impeachment process.
An impeachment requires a vote of at least three-fifths of senators present at an impeachment meeting.
Mr Puchong also yesterday called on political parties to exercise caution when handing out gifts during the Songkran festival.
Even though the Feb 2 election was nullified by the Constitutional Court, a royal decree dissolving the House remains in effect, he said.
''There is nothing wrong about giving a loin cloth or traditional Thai perfume as gifts.
''But throwing a party or buying food should be avoided. We can't prohibit others from lodging complaints later when there is an election," he said.